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January 2017: Do or Die for the Shawangunk Journal.
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Questioning Old Rights Of Way
Public Hearing Brings Neighbor Battles To Light

ACCORD – Rochester planning board member John Dawson recused himself this past Monday from public hearing discussion of an application from his business, Humphrey Enterprises Inc., located on nine acres behind the well known Bob Gaydos Body Shop on Route 209 in Kerhonkson. Turns out that there is an access way from the drive at the southern end of the body shop property that can also be used by other properties with rights of way.

Because the property is zoned industrial, Dawson is seeking a special use permit to build a new house there. An existing house is grandfathered in, since it existed before zoning was applied. He is also seeking to use the site for his classic car repair and sale business, and for parking commercial vehicles, stating that his own access to the property will come via Old Mine Road, leading out to Samsonville Road.

Asked about the extent of his car business, Dawson said it was a small thing.

"I probably do about four cars a year," he noted, adding that the proposed commercial parking operation will use a vacant concrete slab where a building was torn down some years ago.

The public hearing brought out many of Dawson's neighbors to comment. They complained that Humphrey Enterprises had blocked off access to their homes from the Samsonville Road end of Old Mine Road.

Dawson maintained that Old Mine Road had ceased to exist as it crossed his property, and that the neighbors were just driving back and forth over his land. He added that rubbish and waste was thrown on the property.

The neighbors quoted from their deeds, which mention their rights of way across the property. Furthermore, they denied Dawson's report of rubbish being thrown on the property, to which the business owner and planner responded that his dispute with his neighbors was a civil matter to be determined in the courts.

One complication is the varied status of Old Mine Road, which is a public road at its southern end, where it connects with Academy Street in Kerhonkson, but ceases to be a town road at the northern end where it reaches Dawson's property.

The neighbors will supply copies of their deeds to the planning board, although planning board chair Mike Baden noted that it was not the board's decision regarding their complaint over the blockage of the right of way that remaining a civil matter for the courts.

Dawson said that if his neighbors were willing to enter into a maintenance agreement that he might change his views, but he added he was not willing to support any right of way for the community's use on his own. Baden added the issue did not affect the application for the special use permit and other uses for the property.

Another issue was raised by a neighbor concerning possible ground pollution coming off the Barra & Trumbore Stone Fabricators property which lies across Old Mine Road from Dawson's property and others. A PVC pipe factory on that property burned down decades ago but left contamination in the soil.

Dawson answered that he had undertaken a Phase 1 study under SEQR and understood that Barra & Trumbore had completed a Phase 2 study.

Baden concluded that the town attorney would look at all deeds and consider the issues involved. The public hearing will continue to February's meeting.

In other business January 9, the public hearing on a request for more than three lots to share access to a property on Melody Lane resumed. The biggest issue is the width of the road involved, which faces expensive operations to reach the required 18 feet with 6 foot shoulder to be classed a minor road in town classification. Waivers of both the road requirement and the three lots maximum per access driveway rule were requested.

Discussion centered on the road width issue and how pullouts allowed emergency vehicles to pass each other on the 1,000 foot length of the driveway are essential.

The planning board voted to allow an exception to the rule and declared the application wasan unlisted action under SEQR. The public hearing will continue next month.



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