MEMBERS PRESENT: G. Lake, A. Dulgarian, T. Hamilton, G. Luenzmann, P. Owen, V. Werany

MEMBERS ABSENT: None

OTHERS PRESENT: G. Barone, D. McGoey

1. TETZ - Asphalt Plant - 299 Crystal Run Road

G. Lake: We're here tonight on the matter of Tetz Asphalt Plant. We have received a decision from the Courts and we are going to be taking action as far as we have filed an appeal on Friday, I believe that was. Right, Mr. Barone?

G. Barone: That's correct.

G. Lake: We are going to be pursuing that appeal through the Town and Mr. Barone, if you would like to please explain the steps that we would be taking.

G. Barone: The decision that was filed and entered on December 7, 2001 has been appealed to the Appellate Division, Second Department of the State of New York and pursuant to Article 55 of the New York Civil Practice Laws and Rules there is an automatic stay imposed on any further proceedings required by that order. So, at this time the Board has no action to take. The order is stayed. The enforcement of the order is stayed and the Board need not take any action at this time. In the following months the record on appeal or appendix on appeal briefs would be filed with the court to perfect the appeal. The petitioner in the proceeding will be the respondent on the appeal to have the opportunity to file it's papers and make it's articles to court. The court will then render a decision in due force and at that time, then this Board will be directed to take the appropriate action.

G. Lake: Thank you. So at this time then, this Board will follow the advise of their Attorney.

R. Stack: Mr. Chairman, may I address the Board before you close the meeting?

G. Barone: If it would be up to your discretion, just let it be understood that you're addressing at your convenience, the convenience of the Board and it's not in any way an act or contradiction or contrary to the stay.

Unidentified Individual: All we're looking for is public courtesy to make an address.

R. Stack: Basically we would urge the Board to take action.

G. Lake: Name, for the record.

R. Stack: I'm sorry. Rosemary Stack. I represent E. Tetz & Sons, the applicant.

G. Lake: I ask you one favor and that is to make it very general. Like I said, we have decided that, the Town has decided to file the appeal. The appeal has been filed. So, we really don't want to get into legal issues back and forth.

R. Stack: I understand. I just want to put on the record for the Board this evening, #1 that we respectfully disagree with you. We feel that Tetz is entitled to a decision in accordance with the court's decision and order which was very clear regarding the substantial evidence on the records. We've waited seven years for this and we would urge the Board to do the right thing by making a decision tonight. The other item which I would like to put on the record is prior to this meeting commencing the Board was meeting in private in another room and the opposition Attorney, Jim Bacon entered that room and was in that room for a certain period of time. We would object to that.

G. Lake: Okay. So noted, and it is on the record.

R. Stack: Thank you.

G. Lake: Thank you for coming. Yes, two people did walk in, and actually three people walked in without being invited. So, I do want to put that on the record just so it is on the record that there was nobody except this Board that was invited in that room. We did state that the public meeting was out here.