Private roadwork sparks questions; Will the developer plow it?

Posted 8/21/12

TOWN OF TUSTEN, NY — It came as a bit of a surprise to Geoffrey Gangel when workmen and machinery showed up in front of his house on September 15, and dug a trench for a new culvert at the end of …

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Private roadwork sparks questions; Will the developer plow it?

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TOWN OF TUSTEN, NY — It came as a bit of a surprise to Geoffrey Gangel when workmen and machinery showed up in front of his house on September 15, and dug a trench for a new culvert at the end of his driveway. The driveway is connected to a small private road, which leads to County Road 25.

Most people familiar with the situation seem to agree that the private road is owned by Clark Kelly, and other people whose driveways connect to the road are allowed to use it. But what is not clear to Geoffrey and his wife Wanda is whether a developer, Phil Geras, who owns a former seasonal hunting cabin that also uses the private road, is legally entitled to make significant changes to the road.

Town officials gave developer Geras a driveway permit to allow him to move forward, but it’s not clear that a driveway permit is sufficient for Geras to perform the work he intends to do.

It’s also not clear who will maintain the road and plow it in the winter, which up until now has not been done by the town, but instead was the responsibility of the residents who use the private road.

The project is part of a larger plan, which neighbors have objected to, that is transforming the seasonal hunting cabin into a 10-unit apartment building in a residential neighborhood. The Tusten Planning Board issued a special-use permit for the project in March of this year, after hearing numerous objections from surrounding neighbors.

After the planning board issued the permit, the Gangels appealed to the Tusten Zoning Board of Appeals (ZBA) for a determination about whether the permit was issued in violation of the town code. But the town attorney, Jeffrey Clemente, in June said that the town law regarding a section of the ZBA was in conflict with state law, and therefore the ZBA was not going to hear the Gangel’s appeal.

However, state law specifically says that any municipality that has adopted a zoning code must also have in place a ZBA specifically to ensure that zoning laws are applied fairly. The town board has since altered the related section of the zoning code, and the day before the work on the driveway started, the Gangels once again submitted an appeal regarding the special-use permit to the 10-unit apartment house, which is located on a parcel that abuts their property.

As of September 19, the work crews had not returned to continue work on the private road, and the Gangels are awaiting word from the ZBA as to whether their appeal will be heard.

The Gangels have started a GoFundMe campaign to help pay for legal expenses generated by this matter. The link is https://www.gofundme.com/f5en2h2k. To see more information about the situation go to www.tinyurl.com/thenarrowsburgproblem.

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