"You didn't do anything you already did a year and a half ago," said Michele Haab, attorney for Brian Furey, after the board voted to allow him access to his North East property through High View Terrace, a village road.
Furey's request for driveway access has been a heated topic since the July board meeting.
At that meeting, residents from Traver Place and surrounding streets delivered a petition to the board urging the board to refuse granting Furey access to his property.
After given verbal approval by the board, during summer 2003, Furey subdivided eight lots, five-acres or greater, as approved by the North East planning board.
Furey has since sold many of those lots, without the rights-for-access to town roads.
Opponents of the driveway access through the village did not go quietly into the night, however.
Jake Shoifet, trustee as well as Traver Place resident, was the only board member voting against the motion.
Attorney Bob Trotta, who has been representing other interested parties of Traver Place development, spoke before the vote.
One of his clients is Jeff Benvenuto, who is already using the village right-of-way to access his own property.
Trotta said Furey had already cut trees on the street to begin work on a drive.
"I seriously doubt any permit has been applied for," said Trotta.
The village working foreman, Larry Merwin, must approve any trees that are taken down and Furey must be insured for at least $1 million in liability insurance.
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Trotta also maintained Furey's land was not landlocked, as Furey and his attorney suggested, but there were routes through federal wetlands.
Furey responded that it costs $800,000 an acre for disturbing federal wetlands and said, financially, that was not an option.
"I can't understand why anyone wants to disturb wetlands when there's a road there," said Kathy Fenn, planning board chairwoman.
Trotta suggested Furey to go back to the North East planning board.
"I don't believe its unreasonable to go back to the town planning board to file an amendment to the application," said Trotta, adding, "Any one of us can take this map and devise different ways to do it so the parcel is not landlocked."
"You were mistaken in the belief in using High View Terrace as an access,"Trotta said in arguing his case.
Trotta said with the 50 acres of land remaining, amendments to the subdivision could be made by the planning board.
The three remaining home sites could be accommodated with access via a town road, instead of High View Terrace through the village, he said.
Speaking of High View Terrace, Haab said, " This is an official public street."
Kevin Thiemann, village attorney, concurred.
"You are dealing with a street that was created and has remained on the village books as a village street from that day on," he said.
"A landowner has a right of access from a public street. I'm not even sure if he needs to come here for approval," Thiemann said.
"We'd be on shaky, legal ground to deny him access off High View Terrace," he said.
John Scutieri brought up the point, "And how long have we been doing this for and why?"
Mayor Michael Cawley replied, "We were hoping two neighbors would be able to work this out."
Three trustees, John Nelson, John Heck, and John Scutieri voted not to deny (the language of the motion) Furey access through High View Terrace, carrying the motion.
The road ahead
Thiemann indicated there were severe problems with High View Terrace.
"There's no way I could drive my car through there," he said, noting the road has not been worked on or maintained for a period of time.
In that case, the board has some decisions to make regarding the roadways in the development. The village could decide to bring High View Terrace up to specifications.
"I don't think the village wants the cost of improving the road," said Thiemann.
The board could, instead, decide on "qualified abandonment" of the roadway, which would give adjoining landowners access, but the village does not have to maintain it.
"We need to know what the village needs for the driveway or a road," said Scutieri.
The trustees included in their motion to have the village attorney and Furey's attorney enter negotiations, regarding the roadway and the future improvements, allowing Trotta to be invited to remain informed for the Traver Place residents.
The board asked fMerwin to get some facts and estimates on the cost of the roadways improvements.
"We hope to wrap this up very quickly," said Cawley.
