Town defends ‘open development’ designation

HURLEY, N.Y. » The Town Board is defending the designation of Eagles Nest Road Extension as an “open development area” following complaints from a property owner that drivers who use the unpaved road are trespassing.

The concern was raised during a board meeting Monday. Resident John Briggs said there is no right of way allowing drivers to cross over property that straddles both sides of the road.

“I take care of the road ... and I do it by hand,” he said. “There’s certain people up there that don’t do anything, and a lot of them have heavy equipment.”

Briggs, brother-in-law of Hurley Councilwoman Janet Briggs, said his property has been in his family for about 40 years and that he has owned it for five years.

The “open development area” designation, which affects 14 parcels, was approved by the board last week. The resolution that allows owners to build one single-family house per property, buty no other construction will be allowed until the road meets town highway specifications.

Councilwoman Briggs said after the meeting that the board followed correct procedures in adopting the designation and had the resolution reviewed by an attorney.

“This resolution allowed the property owners to have [legal] access to properties that they own and have paid taxes on for years,” she said.

Property owners sought the “open development area” designation after town officials turned down site plan applications because the road doesn’t meet town standards, even though there already are varying types of buildings that are used for living accommodations. Councilwoman Briggs noted there are two trailers, a seasonal cabin and a shed along the road.

“These properties were illegally subdivided and sold,” she said. “They did not really have access. To be a legal subdivision, you need to have access.”

Other requirements in the resolution prohibit further subdivisions of the 14 parcels until the road meets town specifications. Included in upgrades to the road will be providing a turnaround area every 500 feet and establishing a road maintenance agreement.

“Anyone who to wants to build a home, who is looking for a permit at this point, will have to join the road maintenance agreement,” Councilwoman Briggs said. “Anybody who wants to sell their property will have to join the road maintenance agreement, and then it will transfer over to the new owner.”