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ABANDONMENT: Dunn Road ABSTRACTS: GENERAL FUND ...

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L<br />

334<br />

REGULAR BOARD MEETING<br />

SEPTEMBER 15, 1993<br />

TOWN HALL<br />

7:30 P.M.<br />

documentation anywhere that this Town Board took action different<br />

than that and allowed you to put a cable up.<br />

John Falkides: For the record we did formally request that this<br />

entrance be allowed to be open. And you denied that request.<br />

Town Attorney Perley: No we did not. We don't have the<br />

jurisdiction to deny that request. That is a County matter.<br />

Supervisor Kennedy: Do you recall the motion that was read into<br />

the minutes by Deputy Supervisor Wittmeyer when you agreed, and by<br />

your own volition agreed, not to utilize that roadway, that it<br />

would be closed off in accordance with the plan? Because there Was<br />

a request from the Erie County Department of Highways for a traffic<br />

study if yoii were going to allow two entrances to that park. And<br />

you made that statement. Nobody coerced you irito it and nobody<br />

said anything to you. You made that statement. "That road will be<br />

closed" and "it would be closed according to the park plan that is<br />

on file."<br />

John Falkides: Presented the Board with a Plan stamped received<br />

September 17, 1991 by Environraental Health Services dated June 24,<br />

1991 and it states new beam or cable guardrail barricade.<br />

Town Attorney Perley: This is not the seirfie map we have on file<br />

here. You prove to us that you filed that map here. I will call<br />

Mr. Mandell toraorrow morning and ask him for his file on this<br />

project.<br />

John Falkides:<br />

is my Engineer.<br />

Town Attorney Perley:<br />

Engineer.<br />

I will call him. I don't want you to call him he<br />

Have him deliver his file to the Town<br />

A motion was made by Supervisor Kennedy and seconded by Councilraan<br />

Flowers to table this until the next Regular Board Meetirig on<br />

October 6, 1993 to allow the Town Attorney the opportunity to<br />

review the records of Mr. Falkides Engineer to determine whether in<br />

fact the document is the document that is on file in the Planning<br />

Board file with all the rest of our raaps and memoranda.<br />

Town Attorney Perley stated that he is willing to review that and<br />

look at any documentation, notes that the Engineer has any notes<br />

that he made of a meeting, any memoranda that he sent to the Town<br />

Engineer or to the Planning Board to see if in fact that was the<br />

case. Our map has a handwritten date on it and this map is<br />

different. This map is not on file iri the Town.<br />

five (5) Ayes Carried<br />

A motion was made by Councilman Zimmerraan and seconded by<br />

Councilman Wohlhueter that action on issuance for the Certificates<br />

of Occupancy on Lots 7, 9 and 22 be deferred until the next Town<br />

Board Meeting or until, the Town Attorney renders and opinion upon<br />

review of documents from Mr. Falkides Engineer, that the raap Mr.<br />

Falkides produced for the Board this evening dated June 24, 1991<br />

was demonstrated by those docuraents to be the map acted upon by<br />

this Board or in the alternative that if Town Attorney Perley make<br />

a determination that it was not acted upon by the Board, that Mr.<br />

Falkides agrees to install a guide rail. The Supervisor will then<br />

poll the Board for approval of those three lots.<br />

five (5) Ayes Carried<br />

P-^.^r '

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