44 Noninterruptus

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Compromised reach on County Route 44 easement
(Is that like "Compromise Reached'?)

By Tony Houston
Goshen - Back in 2004, the Village of Kiryas Joel requested that Orange County allow the village to take possession of part of County Route 44. The segment at issue was the 1,800 feet (one-third mile) that runs through the northwest knob of Kiryas Joel.

In its entirety, County Route 44 connects state Route 208 in the west in Blooming Grove north of the village of Monroe to state Route 32 in the east in Woodbury north of the hamlet of Highland Mills.

The County Legislature took up the matter earlier this year. The transfer of ownership was approved by the Physical Services Committee and the Rules Committee—then placed before the full legislature this summer.

“There wasn’t much activity on the issue going into that meeting,” said Orange County Legislator Jeff Berkman, D-Middletown, in a telephone interview. “Other legislators were telling me it was a routine matter and it looked like Kiryas Joel was about to take over that section of Route 44. In general, turning over a county road to a municipality would reduce county expenditures.”

Several members of the public addressed the Legislature on the subject of transfer of ownership of part of Route 44—all in opposition. Among those was Jonathan Swiller, Chairman of Orange County: Equity Among Neighbors (OCEAN).

Swiller said OCEAN had done legal research and made drawings of Route 44 and he presented the findings and proposed a compromise that would enable Kiryas Joel to have the desired crosswalks, sidewalks/walkways and signal lights—the County could grant an easement to Kiryas Joel. The village would then make the improvements—provided that they are funded by the municipality and reviewed by the county commissioner of public works.

“Before the public comments it was sailing through as a transfer of ownership, but I was concerned with public safety,” said Berkman. “Swiller expressed opposition to an outright transfer, but he was open minded and urged doing this by way of an easement.

“Jonathan Swiller has a lot to say regarding his neighborhood near Kiryas Joel,” said Berkman. “He is very involved and tries to be objective in providing information to the Legislature.”

Berkman referred to a law stating that projects within 500 feet of a county road need to be reviewed by the Orange County Planning Department. “Giving up control of a road gives up a degree of control over any projects within 500 feet of that road,” said Berkman.

With a change in form from “transfer of ownership” to “granting of easement,” the Route 44 issue went around the legislative horn again in August. This time, however, 1,080 feet (one-fifth mile) of Route 44 in the Town of Monroe was added. The Physical Services Committee and the Rules Committee approved the new “easement” form.

“Many contributed to the compromise—including Jonathan Swiller,” said County Legislator Frank Fornario, R-Blooming Grove—chairman of the Physical Services Committee. Berkman said he was—“glad the item went back to committee(s) where County Legislator Roxanne Donnery, D-Highland Falls, Swiller and others urged that the County maintain ownership of the entire Route 44.”

The new-and-improved version of Route 44 improvements showed up on the agenda of the full legislature on Sept. 6 as resolution numbers 14 and 15—one for the segment in Kiryas Joel and one for the smaller section in the Town of Monroe.

In each case, the County assumed lead-agency status under the State Environmental Quality Review Act (SEQRA) and issued a negative declaration. Such a declaration is a determination that the action (resolution) will not have a significant adverse effect on the environment.

Each resolution passed by a vote of 20-1 The single vote of “no” in each case was cast by Greg Townsend, R-Monroe. Townsend is the only member of the Legislature up for re-election this November.