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Town Clerk’s Office
Town of Greenburgh

November 9, 2022

          A Meeting of the Town Board of the Town of Greenburgh was held in the Meeting Room, Greenburgh Town Hall, 177 Hillside Avenue, Greenburgh, New York 10607, at 7:30 PM, Wednesday, November 9, 2022
             
PLEDGE OF ALLEGIANCE
             
MOMENT OF SILENCE

In memory of the 1,062,721+ individual victims of COVID-19 who have died in the United States, 6,583,163+ deaths worldwide, each leaving family members and friends too soon

In memory of the people in Ukraine killed during Russia's invasion and relentless intentional targeted bombing of civilians in apartment buildings, hospitals, train stations, schools and children centers, with mass graves being found after invaded areas have been retaken, all in Russia's effort to destroy Ukraine and its people, who are forced to fight for their land, their freedom, and general democratic principles. May they rest in peace and peace be restored to Ukraine

In memory of Kenneth D. Lee, known as Kenny Lee, Jazz trumpeter, who received his first trumpet lesson from his father, and played trumpet in the White Plains elementary and high school jazz and marching bands. After graduation, Kenny joined the United States Marine Corp and played four years in the United States Marine Corps Band. After honorable discharge at the rank of Sergeant E-4, he spent 22 years with the White Plains Police Department and retired as a Detective 1st grade. His career continued as a Criminal Investigator for the Bank of New York, retiring 17 years later as the Regional Security Manager. During all of this period of time, Kenny continued to play trumpet and later studied trumpet at the Westchester Conservatory of Music in White Plains. He and his band, the Kenny Lee Orchestra, played at the town’s Summer Concert series at Yosemite Park, and mentored aspiring Jazz musicians, and brought joy to the community. Kenny gained the respect of jazz musicians throughout the tri-state area. His music will live in our memories forever.
             
ROLL CALL:   Town Clerk
Present: Supervisor Paul J. Feiner  
  Councilwoman Gina Jackson  
  Councilman Ken Jones  
  Councilwoman Ellen Hendrickx  
  Councilman Francis Sheehan  
Staff Present:
Joseph Danko, Interim Town Attorney
             
POLICE DEPARTMENT CEREMONY
 
Supervisor Paul Feiner moved, and Councilman Ken Jones second.
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
Introduction of Entry-Level Police Officer Jessica Devito

Promotion of Sergeant Nathaniel Reckson to Lieutenant

Promotion of Police Officer Thomas Nee to Sergeant
             
PRESENTATIONS

The Mental Health Association of Westchester - Patrice Ingrassia and Gerald Stern
             
SUPERVISOR & TOWN COUNCIL REPORTS/ANNOUNCEMENTS
GOOD NEWS...The Town continues (since 2008) to have the highest possible bond rating from Standard & Poors (AAA) and (since 2010) (Aaa) from Moody's. Less than 1% of communities in the nation have this record of financial stability. Recently, on 3/23/2021, Moody's reaffirmed the Town earned Moody's highest rating and, on 03/26/2021, Standard & Poors once again reaffirmed the Town earned Standard & Poors highest rating.
Anyone interested in serving on a board or commission should send a resume to the Town Board via Judith A. Beville, Town Clerk, 177 Hillside Avenue, Greenburgh, NY 10607
Any individual or group interested in a visit from the Town Board should email the Board at TownBoard@GreenburghNY.com
             
TOWN CLERK COMMENTS
             
DECISIONS
             
To consider an Amended Site Plan and Tree Removal Permit Application by Metropolis Country Club for property located at 289 Dobbs Ferry Road (P.O. White Plains, NY) (See CD 4 Below)
             
To consider an Amended Site Plan and Tree Removal Permit Application by Sunningdale Country Club for property located at 300 Underhill Road (P.O. Scarsdale, NY) – TB 22-16 (See CD 6 Below)
             
To consider an agreement between the Town of Greenburgh and the Village of Ardsley to provide Fire Protection Services to Unincorporated area residents of the Chauncey Fire Protection District for the year 2021, at a cost not to exceed $9,335.78 (See TB 1 Below)
             
To consider an agreement between the Town of Greenburgh and the Village of Ardsley to provide Fire Protection Services to Unincorporated area residents of the South Ardsley Fire Protection District for the year 2021, at a cost not to exceed $13,466.07 (See TB 2 Below)
             
PUBLIC HEARINGS

Advance signup is required. A continuous five minute limit per speaker per hearing will be strictly enforced. The clock will start when a speaker begins speaking and will not be stopped for any reason until the speaker is finished or five minutes has elapsed, whichever occurs first. Interruptions by Town Board members, the Town Clerk or the public will not be permitted. If a speaker insists on an immediate answer, should an answer be provided, it shall be part of the speaker's five minute allocation and not be interrupted. There will be a second five minute round unless the hearing is going to be adjourned to a subsequent hearing date. If the hearing is going to be adjourned to a subsequent hearing date, the Town Board may waive the second round. Any written comments sent to PublicComment@GreenburghNY.com by 6 PM the day of the hearing will be forwarded to all Town Board members in advance of the meeting for their consideration. Written comments will not be read at the meeting unless the original author is present to do so.
 
Supervisor Paul Feiner moved to open, Councilwoman Gina Jackson second.
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
 
Supervisor Paul Feiner moved to have a site visit. Councilman Ken Jones second for Tuesday, November 15, 2022 at 5PM.
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
 
Supervisor Paul Feiner moved to adjourn hearing to November 21st for all purposes. Councilwoman Ellen Hendrickx second.
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Ellen Hendrickx
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
To consider a Local Law creating a New Chapter 452 in the Code of the Town of Greenburgh entitled, “Prohibition of Specified Sales, Display and Advertising of Weapons”
 
Supervisor Paul Feiner moved to open meeting. Councilwoman Gina Jackson second.
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
 
Supervisor Paul Feiner moved to close and leave record open for seven days. Councilman Francis Sheehan second.
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
To consider a Local Law creating a new Chapter 453 in the Code of the Town of Greenburgh entitled, “Prohibition of Specified Sales, Display and Advertising of Specified Tobacco Products and Smoking Paraphernalia” (2) rescinding a Local Law previously referred to the Planning Board which related to smoke shops
 
Supervisor Paul Feiner moved to open, Councilwoman Gina Jackson second.
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
 
Supervisor Paul Feiner moved to close hearing and leave record open for ten days. Councilman Francis Sheehan second.
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
To consider a Local Law creating a new Chapter 454 in the Code of the Town of Greenburgh entitled, “Tobacco Product and Electronic Cigarette Advertisements and Smoking Paraphernalia Display” (Held over to Town Board Meeting of 11/21/2022)
 
Supervisor Paul Feiner moved to open. Councilwoman Gina Jackson second.
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
 
Supervisor Paul Feiner moved to close hearing and leave record open for seven days. Councilman Ken Jones second.
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
To consider a request for a modification with respect to a previously approved Site Plan Application of Avalon Green III, LLC, for property located at Town Green Drive (P.O. Elmsford, NY)
             
PUBLIC COMMENT

Advance signup
is required. A continuous five minute limit per speaker will be strictly enforced. The clock will start when a speaker begins speaking and will not be stopped for any reason until the speaker is finished or five minutes has elapsed, whichever occurs first. Interruptions by Town Board members, the Town Clerk or the public will not be permitted. If a speaker insists on an immediate answer, should an answer be provided, it shall be part of the speaker's five minute allocation and not be interrupted. There will not be a second five minute round. Any written comments sent to PublicComment@GreenburghNY.com by 6 PM the day of the hearing will be forwarded to all Town Board members in advance of the meeting for their consideration. Written comments will not be read at the meeting unless the original author is present to do so.
             
TOWN BOARD - 989-1540
             
TB 1 - 11/09/2022
Resolution authorizing the Town Supervisor to enter into a one year contract commencing January 1, 2021 through December 31, 2021 with the Village of Ardsley for Fire Protection services to the Chauncey Fire Protection District, at a cost not to exceed $9,335.78
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
TB 2 - 11/09/2022
Resolution authorizing the Town Supervisor to enter into a one year contract commencing January 1, 2021 through December 31, 2021 with the Village of Ardsley for Fire Protection Services to the South Ardsley Fire Protection District, at a cost not to exceed $313,466.07
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
ATTORNEY – 989-1615
             
AT 1 - 11/09/2022
Resolution authorizing tax certiorari settlement with petitioner Craryville Realty LLC for property located at 21 Main Street. The Town’s share of the refund is $229±; the County’s share is $1,707±; the Saw Mill Valley Sewer District’s share is $242±; the Tarrytown Union Free School District’s share is $10,808±. Refunds from all sources total $12,986±.
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
AT 2 - 11/09/2022
Resolution authorizing tax certiorari settlement with petitioner Andrew Vanover and Jacqueline Vanover for property located at 251 Benedict Avenue. The Town’s share of the refund is $35±; the County’s share is $247±; the Saw Mill Valley Sewer District’s share is $37±; the Tarrytown Union Free School District’s share is $1,641±. Refunds from all sources total $1,960±.
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Ellen Hendrickx
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
AT 3 - 11/09/2022
Resolution authorizing tax certiorari settlement with petitioner Frank Morabito for property located at 23 Church Street. The Town’s share of the refund is $217±; the County’s share is $1,598±; the Saw Mill Valley Sewer District’s share is $230±; the Tarrytown Union Free School District’s share is $10,264±. Refunds from all sources total $12,308±.
  Moved by Councilman Francis Sheehan, seconded by Councilwoman Gina Jackson
 
AYE: Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Other: Supervisor Paul J. Feiner (ABSTAIN)
Motion Adopted
             
AT 4 - 11/09/2022
Resolution authorizing tax certiorari settlement with petitioner Frank Morabito for property located at 29 Church Street. The Town’s share of the refund is $34±; the County’s share is $255±; the Saw Mill Valley Sewer District’s share is $36±; the Tarrytown Union Free School District’s share is $1,622±. Refunds from all sources total $1,948±.
  Moved by Councilman Francis Sheehan, seconded by Councilwoman Gina Jackson
 
AYE: Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Other: Supervisor Paul J. Feiner (ABSTAIN)
Motion Adopted
             
AT 5 - 11/09/2022
Resolution authorizing tax certiorari settlement with petitioner Frank Morabito for property located at 12 Park Avenue. The Town’s share of the refund is $168±; the County’s share is $1,254±; the Saw Mill Valley Sewer District’s share is $178±; the Tarrytown Union Free School District’s share is $7,991±. Refunds from all sources total $9,592±.
  Moved by Councilman Francis Sheehan, seconded by Councilwoman Gina Jackson
 
AYE: Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Other: Supervisor Paul J. Feiner (ABSTAIN)
Motion Adopted
             
CLERK – 989-1500
             
CL 1 - 11/09/2022
Resolution scheduling a Public Hearing for 7:30 PM, Monday, November 21, 2022, to consider Zoning Text amendments related to Cannabis
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
COMMUNITY DEVELOPMENT – 989-1538
             
CD 1 - 11/09/2022
Resolution authorizing a Professional Service Agreement with Creighton Manning, for Surveying and Engineering Design Services for a Federal-Aid Project known as the Dobbs Ferry Road Sidewalk Project
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
CD 2 - 11/09/2022
Resolution awarding the contract for the Hillside Avenue Sidewalk Project (PIN 8762.56) to Morano Brothers Corproation, the lowest bidder, for an amount not to exceed $1,452,481.68
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
CD 3 - 11/09/2022
Resolution issuing a Negative Declaration for the SEQRA determination of the Town Board of the Town of Greenburgh with respect to an Amended Site Plan and all related applications by Metropolis Country Club located at 289 Dobbs Ferry Road (P.O. White Plains, NY) (TB 22-04)
             
CD 4 - 11/09/2022
Resolution approving, with conditions, an Amended Site Plan and Tree Removal Permit application by Metropolis Country Club, for property located at 289 Dobbs Ferry Road (P.O. White Plains, NY) (TB 22-04)
 
Councilman Ken Jones moved that the record to be reopened for ten days. Councilwoman Gina Jackson second.
  Moved by Councilman Ken Jones, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
CD 5 - 11/09/2022
Resolution issuing a Negative Declaration for the SEQRA determination of the Town Board of the Town of Greenburgh with respect to an Amended Site Plan and all related applications by Sunningdale Country Club located at 300 Underhill road (P.O. Scarsdale, NY) (TB 22-16)
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
CD 6 - 11/09/2022
Resolution approving, with conditions, an Amended Site Plan and Tree Removal Permit application by Sunningdale Country Club, for property located at 300 Underhill Road (P.O. Scarsdale, NY) (TB 22-16)
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Ellen Hendrickx
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
CD 7 - 11/09/2022
Resolution of the Town Board of the Town of Greenburgh approving a Site Lease Agreement of Town-owned land at the Town Highway Garage located at 0 Sprain Road (P.O. Hartsdale, NY), to Consolidated Edison Development, Inc., associated with the potential installation of a Tier 2 Battery Energy Storage System (BESS)
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
CD 8 - 11/09/2022
Resolution of the Town Board of the Town of Greenburgh approving a Site Lease Agreement of Town-owned land at the Greenburgh Library located at 300 Tarrytown Road (P.O. Greenburgh, NY), to Consolidated Edison Development, Inc., associated with the potential installation of a Tier 2 Battery Energy Storage System (BESS)
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
COMMUNITY RESOURCES - 989-3600
             
CR 1 - 11/09/2022
Resolution authorizing the Department of Community Resources to purchase Replacement Bleachers for the Theodore D. Young Community Center Gymnasium from Anthem Sports, at a total cost not to exceed $15,500
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Ellen Hendrickx
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
COMPTROLLER – 989-1603
             
CO 1 - 11/09/2022
Resolution authorizing Fiscal Year 2022 budget transfers
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
CO 2 - 11/09/2022
Resolution amending the 2022 Operating Budget of the Town Outside Villages Fund by Increasing Estimated Revenues for Records Management Grant and Increasing Appropriations for Requested Projects
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
PARKS & RECREATION – 693-8985
             
PR 1 - 11/09/2022
Resolution authorizing the Town of Greenburgh Parks & Recreation Department permission to go out to Bid for Prepared Meals for the Greenburgh Nutrition Program
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
POLICE – 989-1740
             
PO 1 -11/09/2022
Resolution promoting Sergeant Nathaniel Reckson to Lieutenant and Police Officer Thomas Nee to Sergeant
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
PO 2 - 11/09/2022
Resolution authorizing the Town Supervisor, on behalf of the Police Department, to enter into a contract with the General Services Administration (“GSA”) for a Digital Audio Recording system for all police department audio recordings, including 911, radio transmission, and telephone, in a manner that constitutes competitive bidding
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
PO 3 - 11/09/2022
Resolution authorizing the Police Department to go to bid for Replacement of Police Headquarters Camera System
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
PUBLIC WORKS - 989-1575
             
PW 1 - 11/09/2022
Resolution of the Town Board of the Town of Greenburgh approving the appropriation of $4,569,012 of ARPA funds for Capital Projects-Water
 
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Ellen Hendrickx
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
 
Supervisor Paul Feiner moved to adjourn meeting. Councilman Ken Jones second.
Meeting adjourned at 11:05 PM
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
            There being no further business to come before the Board, on motion, meeting adjourned at 10:35 P.M.



_________________________________
Judith A. Beville, Town Clerk

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