On July 27, 2020, CCIDA will be conducting an E.D.P.L. Article 2 public hearing at Jamestown Community College’s North County Center in Dunkirk, New York at 9 a.m. concerning a proposed access easement at 440 South Roberts Road, Dunkirk, NY. Due to the ongoing coronavirus pandemic, CCIDA is providing the public remote access to, and participation in the hearing via Cisco WebEx. Videoconference and telephone access will be available beginning at 8:55 a.m. the morning of the public hearing. Instructions on how to access the hearing remotely are provided below.
Instructions for Meeting Access:
Cisco WebEx may be accessed with a computer, smart phone, or tablet with internet connection at the following link: https://www.webex.com/.
To join the public hearing, select “JOIN” in the top right hand corner of the webpage and enter the meeting number:160 869 0233, followed by the password, when prompted: yPX23V.
Toll free participation by telephone (audio only) is available by dialing 1-844-621-3956 and entering the meeting number: 1608690233##.
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that, in accordance with Article 2, Section 202 of the New York State Eminent Domain Procedure Law (“EDPL”), notice is hereby given that a Public Hearing will be held on Monday, July 27, 2020 at 9:00 a.m at the Jamestown Community College (JCC) North County Center located at 10807 Bennett Road, Dunkirk, New York 14048, Room 119 (the “Hearing Room”), concerning a proposed easement to be acquired by the County of Chautauqua Industrial Development Agency (“CCIDA”).
The CCIDA proposes to acquire a permanent easement over the premises located at 440 South Roberts Road, Dunkirk, NY 14048, for the purpose of constructing an access road to all parcels of land located at 320 South Roberts Road, Dunkirk, NY 14048 (including and comprising the industrial park at that location) (the “Property”), with that proposed access road connecting with the existing signalized intersection of South Roberts Road and Progress Drive (the “Project”). Refresco Group currently owns the property over which the permanent easement is proposed.
The Project will facilitate and improve access to the Property, provide safer access to and use of the Property, provide safer travel along South Roberts Road and Progress Drive in the vicinity of the Property, encourage further development of the Property (with resulting economic benefits to the community), and include the construction of an engineered cover system in the area of the taking pursuant to New York State Department of Environmental Conservation requirements. The purpose of this hearing is to inform the property owner(s) of parcels impacted by the Project and the public about the proposed Project and review the public use, benefit, and purpose to be served by the Project, its proposed location, and other pertinent information concerning the Project, including sketches/maps and property descriptions of the property interest to be acquired and the relationship of the Project to the adjacent and impacted parcels.
All persons interested in said application will be heard, in person or by agent, and will be given the opportunity to present oral or written statements and to submit other documents concerning the Project at the above time and place. Due to the ongoing COVID-19 pandemic, the Hearing Room will accommodate up to forty (40) individuals in accordance with New York State Executive Order 202.45. Those who wish to attend the Public Hearing in person must follow guidelines provided by JCC, which will be posted outside the Hearing Room, and complete a COVID-19 checklist before admittance to the Hearing Room. Those present in the Hearing Room must adhere to all social distancing, cleaning and disinfection protocols required by State and local law. Face coverings will be required to attend the Public Hearing in person, and disposable face masks will be provided.
In addition to the in-person participation option, remote access will also be provided in accordance with Executive Orders 202.1 and 202.15, as extended. Remote access to, and participation in, the Public Hearing will be conducted via Cisco WebEx, with a telephone dial-in component. Cisco WebEx may be accessed with a computer, smart phone, or tablet with internet connection at the following link: https://www.webex.com/. To join the public hearing, select “JOIN” in the top right hand corner of the webpage and enter the meeting number:160 869 0233, followed by the password, when prompted: yPX23V. Instructions on how to access the Cisco WebEx meeting, along with the hyperlink to the remote Public Hearing will also be available on the CCIDA’s website: https://ccida.com/. Toll free participation by telephone (audio only) is available by dialing 1-844-621-3956 and entering the meeting number: 1608690233##. Videoconference and telephone access will be available beginning at 8:55 a.m. the morning of the Public Hearing.
CCIDA asks those who wish to attend in person and/or comment at the Public Hearing to please provide advance notice of their intent to do so by e-mail to firstname.lastname@example.org, by phone at (716) 847-5403, or U.S. mail to Phillips Lytle LLP, Attn: Joseph Schafer at 1 Canalside, 125 Main Street, Buffalo, New York 14203. While advance notice is highly encouraged in order to confirm the anticipated number of in-person attendees, spoken comments will be accepted at the meeting even in the absence of such advance notice.
Although CCIDA is required to notify the public of this Public Hearing, attendance is not required. Please be advised, however, that pursuant to Article 2 of the Eminent Domain Procedure Law, any property owner(s) who may subsequently wish to challenge condemnation of their property via judicial review may do so only on the basis of issues, facts, and objections raised at this Public Hearing. Please advise the undersigned by no later than July 24th if a sign language interpreter, assistive listening system or any other accommodation will be required to facilitate your participation in the public hearing.
Buffalo, New York
July 9, 2020
Joseph W. Schafer
Craig A. Leslie
Phillips Lytle LLP
Attorneys for County of Chautauqua Industrial Development Agency