Residents Say Engineer’s Report Finds Lake Surprise Road "Unsafe" For Increased Usage

Camp’s application to expand facilities is at issue; residents urge Town Board decide on road safety issue

by Claudia Gibson

At the August 2 meeting of the Philipstown Town Board, residents of Lake Surprise Road in North Highlands submitted an engineer’s inspection report addressing the road’s safety and condition, relating to the proposal by Surprise Lake Camp to significantly expand their operations. The residents urged the Town Board to make a recommendation to the Zoning Board of Appeals, who is considering the application, regarding the road safety issue.

As reported previously in the PCN&R, Surprise Lake Camp is seeking a special use permit from the ZBA to expand their operations from a summer camp to a year round facility, including two 60-guest winter lodges and a large gymnasium. The camp is in a residentially zoned area, but its use predates the Town’s zoning law.

Speaking on behalf of the road’s residents, Ellen Rosenthal implored the Board to make a determination about the safety of the road, utilizing either the report prepared by Cronin Engineering, P.E., or hiring an engineer of their own choosing. "The Town Board has the final say for formal safety in the Town," said Ms. Rosenthal, who asked the Board to either "prepare another report or accept this one and advise the ZBA" on the matter.

Citing the upcoming September 10 meeting of the ZBA regarding the Surprise Lake Camp’s special use permit application, Ms. Rosenthal said, "The issue is coming down to the safety of the road. We need the Town Board to take responsibility and make an assessment that is professional, not anecdotal."

Along with the engineer’s report, the residents also submitted a letter to the ZBA from their counsel, Charles "Chip" Place, stating, "Lake Surprise Road is a substandard, rural road with serious structural defects that render it unsafe at any speed." Added Mr. Place, "Surprise Lake Camp does not have safe access and will not have safe access unless the structural defects in the road are corrected. Therefore it cannot receive approval for a special use permit."

In his report, engineer Timothy Cronin of Cronin Engineering cites the current sub-standard condition of the road, including its steep grade, limited sight distance, traffic volume and narrow pavement widths, to support his conclusion that "the increased use of Lake Surprise Road is not recommended unless substantial improvements are made to alleviate many, if not all of the substandard conditions that currently exist."

Several other residents urged the Town Board to take a position regarding the road’s safety, including Barry Goldberg, who commented, "I can’t understand how any approvals can be made without a review of the road by the Town."

Added Joan Forlow, "I feel we are getting bumped around from the Town Board to the ZBA and back to the Town Board; I don’t feel the taxpayers should have to be on top of this."

Jordan Dale, the Executive Director of Surprise Lake Camp said he agreed with the residents that, "the safety of the road should be addressed by the Town Board." However, his suggestion that the Town Board become involved "in facilitating the process" of deciding the issue in a "less adversarial way," provoked Ms. Forlow to respond that the residents wanted to address the issue "in a public way, in front of the Boards," and with counsel.

Supervisor Mazzuca’s question to Ms. Rosenthal about her level of concern for the road’s safety when she bought her house brought a sharp response from several residents.

"The issue is not how we feel – we saw the engineer’s report, and the road does not meet standards," said Mr. Goldberg. "The issue before the Town Board and the ZBA is this: is there any way legally to condone the additional use of that road?"

Supervisor Mazzuca indicated he would give the Cronin Engineering report to Highway Department Superintendent Roger Chirico and Town Engineer Gary Tretsch, for their review and comments. He promised to inform Ms. Rosenthal of their recommendations. While declining to comment on the merits of the report or the issue in general, the Supervisor did say, "I’m not going to argue with you that it’s a great road."

Speaking near the end of the meeting, long after the Lake Surprise residents had departed, Supervisor Mazzuca raised the possibility of passing a moratorium on certain types of construction in Philipstown, until the Town finishes writing a new comprehensive plan. Saying that he did not feel comfortable with a moratorium that would include individual single-family homes or small business projects, Mazzuca indicated that he would like the Board to consider a construction moratorium on large projects and subdivisions, especially those on existing large tracts of land. This would seem to include the type of construction being proposed at Surprise Lake Camp.

"It’s an issue we would have to sit down and talk about," said the Supervisor, adding, ‘I think the Town Board has to consider it, until we get the work [on the comprehensive plan] done." Mazzuca suggested that the Town Board could discuss the matter "in a couple of weeks" with their planning consultants.

Commented Councilman Ande Merante, "I think the large tracts are attracting developers."

Susan Bates asked the Board about the progress of the survey of Town road speed limits. Councilman Ed Engelbride responded that Highway Department Superintendent Roger Chirico had told him that he had been looking at the matter, which will need some engineering input. Engelbride said that "hopefully before the end of the fall" some new roads standards could be presented. Supervisor Mazzuca added that the project would include recommendations for new signage and speed limits on Town roads, and that Mr. Chirico had already obtained a good deal of information from the State.

In other matters, the Board agreed to retain lawyer Richard Goldsand, for $100 per hour plus expenses, to defend the Town in all small claims and certiorari actions brought against them this year. The Board also approved the hiring of Patricia Watkins as a part-time clerk for the Town Justice Court, upon recommendation of the Town Justices.

The Board also passed a resolution approving and endorsing a grant application by Manitoga, to the New York State Office of Parks, Recreation and Historic Preservation for a grant under the Environmental Protection Fund and/or Clean Water/Clean Air Bond Act for a park project to be located at Manitoga. The project entails the acquisition of a house and pond.

The Board approved a request by the Highway Department to transfer funds to allow the purchase of a generator. The Board also approved the reappointment of Anne McConnachie to the Recreation Commission, for a term of seven years.

In the Highway Committee report, Councilwoman Betty Budney said that the Highway Department was performing work on East Mountain Road South to slightly widen a portion of the road near Trout Brook Road, in order to allow for school buses and emergency vehicles to pass. Councilman Ed Engelbride added that the Highway Department’s road work to replace a culvert bridge ended up saving the Town a great deal of money, as outside contractors would have ended up costing many thousands of dollars more.

Councilman Engelbride also reported in the Planning Committee report that an application was before the planning board to develop a 75-acre plot of land on Lake Surprise Road into a subdivision. Councilwoman Budney reported that the Recreation Department might be able to receive a grant that is given to towns using old railroad stations for town facilities.

Councilman Merante reminded residents that the television viewing schedule for the monthly Town Board meetings is as follows: for the northern section of the Town, on the first Monday of the month following the meeting at 8 pm; for the southern section, on the 2nd and fourth Thursday of the month at 8 pm.

The Board set September 5 at 7:30 for a public hearing regarding the purchase of a new fire truck by the Continental Village Fire Department.

Supervisor Mazzuca also announced that a special in-depth discussion on affordable housing, to be hosted by consultant Jonathan Rose, would be held at 7 pm prior to the September 6 monthly meeting. The Philipstown Town Board holds its monthly meeting on the first Thursday of each month at 8:00 p.m. at the Town Hall, 238 Main Street in Cold Spring. Weekly workshop meetings are held every Wednesday at 7:30 p.m. These meetings are open to the public.