ABANDONMENT: Dunn Road ABSTRACTS: GENERAL FUND ...

A
REGULAR BOARD HEETING
FEBRUARY 3, i9»3
TOWN HALL
7:30 P.M.
Supervisor Kennedy asKed the Town Attorney to comment on that.
Town Attorney Periey: it is my opinion that a recess opposed to
a close of this Public Hearing is m order. Hhen tnis
application came in I had a conversation with D.E.C. and l_
suggested to tne Board that this matter should be subject to"
coordinated review. The reason tor aoing tnat was tairiyL
simple. The Town Boards jurisdiction over this entire
application is reaiiy a yea ot no in the first instance on a
rezoning application, subject to certain other factors tnat we
have opened tne tioor to tonight. Tne D.£.o.'s involvement witn
tne application is much more intricate. it also includes
reconstruction ot the road, design ot the road tor tne
transportation ot the shale. Specitic design ot how tne shaie
is going to be taxen out. The reconstruction ot the Borrow Pit.
The storage ot tne clay and tne topsoil and tne regrading. Hitn
a coordinated review you have to nave a lead agency ana tne
D.E.C. because ot its expertise in trie area and because ot its
involvement in tne area is the lead agency. He intend to sena
a detailed transcript of the proceedings tonig.it to D.E.C. as
part of their review ot the application. The D.E.C. as tne lead
agency win then maxe a determination. The Town Board and tne
Planning Boara have deferred to trie expertise ot tne D.E.C.
subject to tne intormation that we have been able to obtain
tonight trom tne resiaents. subject to the intormation that tne
Engineers provided ana we will send that down to D.E.C. to
incorporate within tneir review process. Until that review
process is complete it is not appropriate for tne Town Board to
act. Since this is an ongoing review process trom D.E.c.'s
standpoint there may be moaiticatlons in the project. Not
saying there wnl be but there might ne. To the extent tnat
there may be moditications in the project that wouia attect t.ie
rezoning application tne Town mignt nave to. not necessarily
would, might nave to republish zue a Notice tor i-ublic rteati.^g.
Town Attorney suggests to the tovm Board that rather than close
this Hearing they merely recess it to a aate and time certain so
tnat everybody Knows when tne next time the Hearing win be
reopened is going to occur. At that time it there is any new
intormation trom trie D.E.C or otherwise it can be taken. Tne
meeting may or may not be recessed again. Depending on tne
status ot D.E.C. processing ot the application. It we recess
the Hearing, we recess it to a date certain, make sure that tne
people here are aware of it. Tnen continue to keep you
intormed. inat is the way SEQR piaYs into the zoning
application. Tnat is wny the Town Board is not in a position to
take any action. That is why 1 suggest to the Town Board that
rather than close this Hearing they recess it,
Hr. Buyers: I too, had a conversation with Hr. Taft. His point
to me was that tnis Town Board because it has a zoning ordinance
in being. It is tne ultimate authority. That it this Town
board should decide either to accept or reject this application
the D.E.C. would drop out because this is the last authority on
this thing.
Town Attorney Periey: There is concurrent jurisdiction. The
point IS that the D.E.C is the lead agency. Under 3EQR we
Should deter to them lor their determination. rneir
determination may wen affect tne way tnat this Boara nanaies
tne application, not saying it win out it mignt.
Supervisor Renneay: i will asK the Tovm Attorney to review th':
SiyR Law ana review this with Hi. . Tait. Hy unaerstanaing is
that we have aeterrea to tne u.E.c. as tne leaa agency ana
consequently, tney want to review at least the documentatiov\ ana
the presentations tnat were maae oy tne citizenry here tonignt
betore that make a aetermination ot noU they would proceed.
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