Eight homes relieved of sidewalk maintenance along Millersport Hwy.
by JESSICA L. FINCH Associate Editor

For the third time in town history, the Amherst Town Board approved amending the sidewalk law, which requires residents to clear sidewalks abutting the rear of their properties.

Eight homeowners on Rosemont Drive and Hartford Road will no longer be responsible for clearing snow and ice from the sidewalk along Millersport Highway.

During Monday's public hearing, Ruth Tiedeman of Rosemont Drive told the board it was not only a health danger for several of those residents, but maintaining the sidewalk was nearly impossible. The walk is only 18 inches from the highway, and those attempting to shovel it are practically standing in the roadway, she said.

Tiedeman told the board that even with the help of several good neighbors and friends the property owners are barely able to put a dent in the thick pile of snow that is plowed off Millersport Highway.

She added that at least two of the families have members dealing with severe health problems and are physically unable to walk the three blocks to the sidewalk and then to shovel the compact piles of snow.

"It's state property; it doesn't abut our property line, it abuts the state property," she said, adding that during the summer the state does cut the grass at that sidewalk.

The residents in attendance at the meeting thanked the Town Board for making the amendment. Prior to the approval the residents said they were unsure how to handle another winter.

This past season, they sought the assistance of friends and family. Some looked into using professional contracts, with three contractors stating that they couldn't do it because parking was not allowed on Millersport Highway and the need to remove the snow would cost upwards of $100 an hour. Tiedeman said that even with the eight families sharing the cost they weren't able to afford a private contract.

Although physically and financially unable to handle the task, residents would have been legally responsible should anyone have been injured, because insurance companies would not cover the costs.

The residents will still be responsible for clearing any front or side sidewalks.

Building Commissioner Thomas Ketchum questioned whether the Town Board could look into passing a law across the board to relieve any resident in the same position of clearing duties. He estimated that there are 20 to 30 streets in that category.

Amendments have been made in the past for a portion of Sheridan Drive near Mill Street and a past of Main Street in Snyder.

By exempting any parcels, the town acquires all responsibility for those sidewalks, which are cleared by the Highway Department.

Should the Town Board move forward with such amendments, Highway Superintendent Bob Anderson suggested the town purchase a piece of equipment to handle the high number of sidewalks that will need to be plowed.

When asked how big of a job a townwide amendment would be, Anderson said with a laugh that he would think of retiring.

In other action, the board tabled rezoning decisions following two separate public hearings. The decision caused commotion from audience members, questioning how the Town Board could have voted to rezone properties on Rensch Road just two weeks ago and then table these measures.

In all three cases, the question of master plan compliance was addressed. Town Attorney Tom Jones and Planning Director Rick Gillert, both reiterated the need for a formal process when handling requests that differ from the adopted master plan.

One of the requests involved a property at 2131 Eggert Road to be rezoned from GB-General Business to MS-Motor Service. The overall project includes a Dunkin Donuts, a AAA repair center and a Consumer Beverage location.

The second was to rezone 4230 Main St., from OB-Office Building to R-4-Residential District. The owners, Caroline and William Duax, purchased the structure, a historical site, and want to make it into their home.

Both rezonings were tabled until May.