Town To Remain Neutral Regarding Road Ownership Dispute - Town Property To Be Surveyed

By Mary A. Crisafulli

BOVINA - The Bovina Town Board consulted with their attorney at the Aug. 12th meeting regarding a dispute among neighbors over road ownership and use. The board received a letter from residents James and Andrea Elliott, requesting guidance on the matter.

The Elliotts claim that other neighbors have asked them not to use Old John Tuttle Road, which provides access to their property, and request that they enter from an alternative location. They further claim that neighboring property owners have been displaying private property signs for years, which the Elliotts believe to be illegal. The road leads into Middletown.

"While some individuals have voluntarily maintained portions of the road, such maintenance does not grant them the authority to control access, require notification or permission, or demand compensation from other property owners who have legal rights to use the road," the couple writes.

Attorney Allyson Phillips, with Young & Sommer, said the road has been long abandoned by the town. As the road is no longer owned or maintained by the town, she explained, public access along it would no longer be permitted. Phillips advised the council not to weigh in on the discussion further, as it is a dispute between property owners beyond what she has said.

In 2019, the town was requested to approve a name change for the roadway, but the council deemed it was not their place to vote on a name for an abandoned road. Phillips said the decision in 2019 should remain the town's position. Phillips further advised property owners to attempt to resolve the issue among themselves, but if necessary, they could seek legal counsel.

Survey Town Property

In another discussion, the council approved moving forward with a survey of roughly 65 acres of town property near the salt shed and transfer station. The survey of acreage off New Road will cost roughly $7,800.

The council has had past discussions, believing that a survey would be a good way to gather data on town assets, as well as help determine if logging the property would be a viable option for generating income.

Council members have recently discovered that the Ash Borer has infested some of the trees on the property. The board has discussed logging as a potentially beneficial forest management practice.

The Ash Borer, a wood-boring beetle, is listed as an invasive species by the New York State Department of Environmental Conservation, which infects ash trees. Tree removal is listed as a potential mitigation action.

Councilmember Dominic Gullow received a rough estimate of the income that could be generated from logging the area, which came in at around $50,000. Any income would be split between the town and loggers and foresters in a 50 -50 ratio.

One resident pointed out that the town would essentially receive less than $20,000 for logging, as they are currently spending almost eight grand on the survey.

The council made it clear that, if moving forward with the project, it intends to avoid logging along Yankee Road to alleviate public concerns about water runoff.

Another resident worried that there would be increased erosion along the salt shed and transfer station, leading to costly repairs for both buildings if the property were logged.

In other business

The playground is expected to break ground soon, with a completion date in late September or early October. Once the project is underway, the playground will be closed. The existing facility will be repaired by a woodworker, and a new metal fence and benches will be installed.

The council agreed to place a memorial plaque on one of the benches to honor Thomas Hilson, who passed away on July 10. Hilson served on the town board and the Bovina Fire Department, as well as other community organizations.

With assistance from many neighboring towns, New Kingston Mountain Road has been paved. The county will assist with rebuilding the shoulders, and sealing is scheduled for next month.

New doors for the community hall will be purchased for roughly $1,820.

The following monthly bills were paid: General, $22,206; lighting district, $132; water district, $1,589; septic, $4,659; and highway department, $26,398.

The budget workshop is scheduled for Tuesday, Sept. 16, at 6 p.m.

Councilmember Evelyn Stewart-Barnhart is gathering information on a potential veterans' banners for the town. She is expected to provide more information at the next regular meeting on Tuesday, September 9, at 6 p.m.

Councilmember Jillienne LaFever was absent from the board meeting.