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								ALYSE D. TERHUNE, ESQ.
									2 PA`I TERSC}N HILL
      									PO Box 556
   								TUXEDO,NEW YORK 10987
    									(845)304-2689
   		October 16, 2017
   		Hon. Supervisor Fleming and Town Board
   		Town of Kent
   		25 Sybil's Crossing
   		Kent Lakes,NY 10512
     			RE;     Proposed Local Law Amending Chapter 77 of the Town of Kent Zoning Law
  		Hon. Supervisor and Town Board,
     			We represent Hill & Vale Property Owners, Inc.  As you know, we have a pending
   		lawsuit before the Putnam County Supreme Court challenging the Zoning Board of Appeals'
  		decision that Kent Investors received a use variance in 1948 to operate a concrete manufacturing
  		plant in the Town's Commercial :coning district.  The plant is located directly across the street
   		from our client's property.  Hill & Dale's claims are well-founded and meritorious and the case
  		will be fully submitted to the court no later than November 22, 2017.
     			However, it has come to our attention that the Town Board is considering a modification
  		of the Town's zoning law that would prohibit concrete manufacturing in all zoning districts
  		except the Industrial-Office-Commercial ("IOC") district.  Your current zoning law only allows
  		manufacturing in the IOC district, and "light" manufacturing in the Business Park Overlay
  		District.  Concrete manufacturing is not a permitted use in the Commercial district as your
  		Building Inspector properly determined. Therefore, the proposed local law is unnecessary.  Any
  		change to the zoning law at this time could open the Town to more litigation including unlawful
  		and discriminatory land use practice.  If such claims are brought in federal court and proved, the
  		Town could be liable for the challenger's attorney's fees.
     			On behalf of our clients and with all due respect, we humbly ask the Town Board to
  		withdraw this proposed law from consideration until after the pending lawsuit has been decided.
  		Thank you for your kind consideration in this matter.
										Sine  ely,
										Alyse     Terhune,   sq.   				m.... _.
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   		cc.  Hill & Dale Property Owners, LLC.
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