ABANDONMENT: Dunn Road ABSTRACTS: GENERAL FUND ...

ABANDONMENT: Dunn Road ABSTRACTS: GENERAL FUND ... ABANDONMENT: Dunn Road ABSTRACTS: GENERAL FUND ...

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L 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. ».>*< J J

By Ol 1 .J J REGULAR BOARD MEETING SEPTEMBER 15, 1993 TOWN HALL 7:30 P.M. Supervisor Kennedy asked V/illlam Sprague, Sprague Mobile Horae Park Owner to update the Board Members of the status of the Mobile Horae Unit within the Park that is in violation of the standards that have boon ostablished under the NYS Building and Fire Code. William Spraguo: That unit has been removed from the lot. A motion was mado by Councilman Wittmeyer and seconded by Councilmari Wohlhueter to approve the Sprague Mobile Home Park Annual Liconso to expire June 30, 1994. five (5) Ayes Carried Supervisor Keririedy deferred to Town Attorney Perley for research that he has dorie ori the Boston Hills Estate Mobile Horae Park and asked for his dissertaiion on what he has done tb deterraine the proper mapping or document that is on file in the Planning Room. Town Attorney Perley responded that after the last meeting he asked the secretary of the Planning Board to research the minutes from July 1991 to December 1991. There are no entries into the minutes other than the motiori adopted by the Planning Board to send it up to the Town Board, which motion v/as then adopted by the Town Board in approving the Park Plan. That is the plan that shows the guardrail. He then spoke with the current Town Engineer, Mr. Sheerer and had him review his file. He asked him to advise if he had any maps bearing a date after June 1991. He did not. He asked if there were any memoranda or notes in his file that indicated any modification in the plan after Jiine, and^he did not. I previously asked the Town Clerk to research the Tbwn Board Minutes from July of 1991 when this site was approved, through the end of the year. There are no further references of any action by the Board during that period Of time. Based upon the review from the Town Engineer, the Planning Board, his own file, which doesn't indicate any action taken after July of 1991 and the Town Clerk. The only conclusion he could dravf based upon what He kriows is that all the evidence supports that the June map was the adopted map, with the guardrail on it. Based upon that, it is presently his opinion, subject to being raodified by any documentary evidence of a competent nature that would indicate otherwise, if Mr.'Falkides would have it, other than just a raap that says "approved" on it, any notes, memoranda, letter correspondence, etc. that would show a modification of the plan. At the present tirae without that, it is my opinion that the site plan requires the installation of a guardrail at that driveway. John Falkides: Are you saying that the cable barricade that we put across the road with stop signs on it is not adequate, you want a steel beam? Supervisor Kennedy: I'm not sayirig that we want a steel beam. We want a guardrail that is in conformance with the original documents and plans that were submitted to the Planning Board and subsequently approved by the Town Board. John Falkides: I want that clear for the record. Supervisor Kennedy: I want the park plan to be the same one that I have on file here. The one that you submitted. The one that you showed us that you were going to close off one roadway and then subsequently went ahead and paved it anyway. And it shows a guide rail across the one road because of the existence of two roads in the close proxiraity of probably one hundred feet. Yes I want a guide rail there. Until such guide irail is installed it is my motion before this Board that you be denied a license and that no certificate of occupancies be issued to you for any more units in the existing park until such time as that guide rail is installed according to the provisions. Unless you can show me in 38^1 n J /

By<br />

Ol<br />

1<br />

.J<br />

J<br />

REGULAR BOARD MEETING<br />

SEPTEMBER 15, 1993<br />

TOWN HALL<br />

7:30 P.M.<br />

Supervisor Kennedy asked V/illlam Sprague, Sprague Mobile Horae Park<br />

Owner to update the Board Members of the status of the Mobile Horae<br />

Unit within the Park that is in violation of the standards that<br />

have boon ostablished under the NYS Building and Fire Code.<br />

William Spraguo: That unit has been removed from the lot.<br />

A motion was mado by Councilman Wittmeyer and seconded by<br />

Councilmari Wohlhueter to approve the Sprague Mobile Home Park<br />

Annual Liconso to expire June 30, 1994.<br />

five (5) Ayes Carried<br />

Supervisor Keririedy deferred to Town Attorney Perley for research<br />

that he has dorie ori the Boston Hills Estate Mobile Horae Park and<br />

asked for his dissertaiion on what he has done tb deterraine the<br />

proper mapping or document that is on file in the Planning Room.<br />

Town Attorney Perley responded that after the last meeting he asked<br />

the secretary of the Planning Board to research the minutes from<br />

July 1991 to December 1991. There are no entries into the minutes<br />

other than the motiori adopted by the Planning Board to send it up<br />

to the Town Board, which motion v/as then adopted by the Town Board<br />

in approving the Park Plan. That is the plan that shows the guardrail.<br />

He then spoke with the current Town Engineer, Mr. Sheerer<br />

and had him review his file. He asked him to advise if he had any<br />

maps bearing a date after June 1991. He did not. He asked if<br />

there were any memoranda or notes in his file that indicated any<br />

modification in the plan after Jiine, and^he did not. I previously<br />

asked the Town Clerk to research the Tbwn Board Minutes from July<br />

of 1991 when this site was approved, through the end of the year.<br />

There are no further references of any action by the Board during<br />

that period Of time. Based upon the review from the Town Engineer,<br />

the Planning Board, his own file, which doesn't indicate any action<br />

taken after July of 1991 and the Town Clerk. The only conclusion<br />

he could dravf based upon what He kriows is that all the evidence<br />

supports that the June map was the adopted map, with the guardrail<br />

on it. Based upon that, it is presently his opinion, subject to<br />

being raodified by any documentary evidence of a competent nature<br />

that would indicate otherwise, if Mr.'Falkides would have it, other<br />

than just a raap that says "approved" on it, any notes, memoranda,<br />

letter correspondence, etc. that would show a modification of the<br />

plan. At the present tirae without that, it is my opinion that the<br />

site plan requires the installation of a guardrail at that<br />

driveway.<br />

John Falkides: Are you saying that the cable barricade that we put<br />

across the road with stop signs on it is not adequate, you want a<br />

steel beam?<br />

Supervisor Kennedy: I'm not sayirig that we want a steel beam. We<br />

want a guardrail that is in conformance with the original documents<br />

and plans that were submitted to the Planning Board and<br />

subsequently approved by the Town Board.<br />

John Falkides: I want that clear for the record.<br />

Supervisor Kennedy: I want the park plan to be the same one that<br />

I have on file here. The one that you submitted. The one that<br />

you showed us that you were going to close off one roadway and then<br />

subsequently went ahead and paved it anyway. And it shows a<br />

guide rail across the one road because of the existence of two<br />

roads in the close proxiraity of probably one hundred feet. Yes I<br />

want a guide rail there. Until such guide irail is installed it is<br />

my motion before this Board that you be denied a license and that<br />

no certificate of occupancies be issued to you for any more units<br />

in the existing park until such time as that guide rail is<br />

installed according to the provisions. Unless you can show me in<br />

38^1<br />

n<br />

J<br />

/

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