The Town Board voted 4-1 Tuesday to use an eminent domain procedure to take the Ludovico Sculpture Trail as the location of a new, larger sewer line.
Voting for the motion were Supervisor Greg Lazzaro and board members Lou Ferrara, Vic Porretta and David DeLelys. Opposed was board member Doug Avery.
The controversial issue was not on the tentative agenda sent out Friday, but showed up on Tuesday’s agenda.
With guidance from consulting attorney Mark McNamara of Buffalo, two motions were presented.
The first amended and reaffirmed the declaration of no significant environmental impact from the sewer line project, which would install the new, larger line from the Kingdom Road pump station along the south side of the Cayuga-Seneca Canal to the Ludovico Trail, which runs from the Bridge Street Bridge west for 1.75 miles.
The trail contains about a dozen sculptures of famous women and is owned and managed by the Friends of the Ludovico Trail, a nonprofit organization.
McNamara said the board originally passed a negative declaration for project Feb. 2, 2016. “But since then, an archaeological and cultural resources report has been finished and the State Historic Preservation Office has sent the second of two letters in April, confirming their March 2016 determination that there are no issues of concern that could stop the project.
The board approved that motion by a 5-0 vote.