Abandoned canal land delays Deerpark construction

By KRISTA GROMALSKI

SPARROWBUSH — Controversy over a bulk fuel storage facility proposed for Darraugh Lane in Sparrowbush took a mysterious turn last Thursday when questions were raised as to the rightful ownership of a portion of the 8.57-acre site where the Deerpark Oil Company plans construction.

During a January 11 public hearing on the issue, the Town of Deerpark Planning Board heard from the architect for the project and the attorney for some residents who own property adjoining the site. Each party claims title to acreage that is part of the old Delaware & Hudson Canal.

Architect Bernard Kozykowski said the proposed fuel facility would not encompass a large portion of the entire 8.57 acres.

This is fortunate, according to Alan Lipman, legal representation for the residents, since “an applicant must apply to develop what he owns, not what he doesn’t own.” According to the planning board agenda, Donald Clune, owner of the oil company, is the project’s applicant, while Patterson Realty Associates owns the property.

Lipman said an August 9 title search by NDC Abstract indicated Patterson Realty owns only 7.8 acres, but enlarged the site by quitclaim deed to include the canal land. A quitclaim deed can only transfer property where a chain of title exists, according to Lipman, and the search determined no title on the canal land.

Adjoining resident Michelle H. Whitley also holds a quitclaim deed to the canal land, said Lipman, and the “tax collector recognizes Whitley as the owner.”

Neither party actually owns the land, according to Lipman, who said, “No one can [now] acquire it without a release from the New York State Department of Transportation.”

William Glass, attorney for the planning board, recommended that any action be delayed until a written transcript of the hearing is prepared. “We’re not going to solve anything tonight,” he said. “What we want is public input.”