Questions posed regarding board member's residency

Some Hamlin residents are questioning the legitimacy of Jim Breslawski's position on the Town of Hamlin's Planning Board. They are asking why someone who doesn't live in Hamlin is given the opportunity to decide policy for the town. Peter Tonery, who ran for town supervisor on the Democratic and All Hamlin Party tickets last fall, said the town needs to step in and remove Breslawski.

"It raises a big red flag that a person who has chosen to live in a golf course community, outside of the town, can be in a position to be making important decisions about the future of Hamlin," said Tonery. "It is of great concern especially now when the Planning Board is currently reviewing a very large, low-income, subsidized housing project, slated to be located in Hamlin."

Breslawski, who was born and raised in Hamlin, moved to Clarkson in 2000. He remains on the Planning Board where he has served for 14 years. "An illegal member of the Planning Board jeopardizes all decisions rendered by the Planning Board," Tonery said. "It is an insult to residents that the town is protecting someone who isn't even a resident." Tonery and Jim Martin, who also ran on the Democratic and All Hamlin Party ticket, said they are concerned that Breslawski's support of Supervisor Austin F. Warner III may have something to do with his ability to remain in office.

Martin and Tonery said they are looking into what actions can be taken to have Breslawski removed. They point to information provided by "Town Topics," an informational bulletin published by the Association of Towns of the State of New York. The July/August edition reads, "The significance of meeting public office residency requirements cannot be overstated. A town office becomes vacant if the officer ceases to be a resident of the town. This vacancy occurs by operation of law, meaning that no judicial removal is necessary. The term residence as used in this context is synonymous with 'domicile.' Domicile is established by demonstrating an intention to make a residence a permanent and fixed home."

While Martin and Tonery see that as definite grounds to remove Breslawski, Town Attorney Ken Licht sees things differently. Licht said town law and public officers law require any town official to be an elector of the town and a resident.

"Mr. Breslawski has claimed Hamlin to be his domicile," said Licht. "Being a domicile is a question of fact and there are many factors."

Breslawski said Hamlin is his home.

"I do have a residence in Clarkson" said Breslawski. "But I also have a residence in Hamlin. I work in Hamlin. I vote in Hamlin. I get my mail in Hamlin.

Breslawski runs the family farm started by his parents. The Breslawski family owns 1,400 acres and operates 2,000 acres bordered by Route 19 and North Hamlin Road.

"It is really confusing why they are up to the games they are," said Breslawski. "Everybody can go back and look at every minute from every Planning Board meeting I've ever attended," said Breslawski. "I've never put my business ahead of Hamlin's needs."

Breslawski said he feels he has been caught in some political crossfire. "I'm a threat to nobody," he said. "They want to get back at the current administration."

Warner agrees. "This is a personal attack from Mr. Martin and that's very unfortunate," said Warner. "Jim Breslawski has been here all his life and is one of the largest taxpayers in the Town of Hamlin."

Whether or not Breslawski is actually a Hamlin resident could be a sticky issue. Monroe County's Board of Elections Co-Commissioner Thomas Ferrarese said the best course of action may be to let the residents of Hamlin decide. "You're supposed to vote from where you go to bed at night and where you hang your hat," said Ferrarese. "But issues of residency could end up in court."