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Back in 1985 when McKinley Mall was being planned, the Town of Hamburg agreed there would be no curb cuts for access on the new Milestrip Expressway east of the mall.

That's one of the reasons the Town Board has refused to entertain an application to rezone property along Milestrip Expressway (Route 179).

The town this week sent letters to the property owners, Mitchell Matusick and Francois and Lottie Debacker. They had asked that their parcels just north of Jack's Trail between McKinley Parkway and Abbott Road be rezoned from R2, single-family residence, to C2, office district.

"When Milestrip went in, the county, state and town agreed those properties would have no access to Milestrip," said Planning Consultant Drew Reilly.

The access is not allowed by the county and state according to the terms of the right of way acquisition, and the town agreed to the terms during the McKinley Mall approval process, according to town officials.

In a resolution adopted at its work session Monday, the Town Board state that during the approval process it was determined those areas would act as a buffer to the residential properties surrounding the mall.

Also, the town's 2010 Comprehensive Plan does not support the rezoning of the property to commercial, and there are no public utilities along the Milestrip Expressway.

The Town Board concluded the project was not in conformance with the master plan and found there is no merit or public benefit in rezoning land from residential to commercial.

This is the second time the board has refused to entertain a rezoning request since it adopted its master plan in June. The board two months ago refused to entertain a request to rezone land for a Rite Aid drug store in Wanakah, but earlier this month board members met with the developer to discuss amending that project.

Also at Monday's meeting, the board hire R&D Engineering for $22,500 for the survey, design and construction related services for the water line replacement project.

The proposal from R&D was the second-lowest of 12 submitted for the work, which includes replacement of 5,800 feet of deficient water mains.

"Normally we take the lowest bid, but the second bid was more in line with the request for proposals," Councilman D. Mark Cavalcoli said.

The low bid was $19,000 and the high bid was $59,000.

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