Access  in question

By CHRIS CONROY

SMALLWOOD — You can’t get there from here. At least, not anymore.

In place for months, a gate at the end of Pine Grove Road is causing an uproar among Smallwood residents. Even though the gate blocking access to the Toronto Reservoir has been in place since June, the recent good weather had made people take notice of it. They’re not happy about it at all.

At the May 30 meeting of the Bethel Town BNoard, a letter was received from Woodstone Development, the company currently developing a number of upscale lots known as Chapin Estates along the Toronto Reservoir. The letter stated that Woodstone had been informed that Mirant New York, Inc., owners of the Mongaup hydroelectric system, which includes Toronto Reservoir, was directed by the Federal Energy Regulatory Commission (FERC) to deny access to “all public vehicular and pedestrian traffic to the Toronto Dam area” for security reasons. It was also suggested, the letter said, that Woodstone’s gate be moved to the end of the road leading to the dam in order to more completely block access.

That placed the Woodstone gate at the end of a town road instead of a private road. Woodstone agreed to maintain that portion of road until the security restrictions were lifted.

The idea was approved unanimously by the board, based on security concerns, with no comment from the spectators at the meeting.

At the July 25 meeting of the Bethel Town Board, members of the Smallwood Civic Association addressed the board, calling for the immediate opening of the gate.

“This is an obvious attempt to segregate that lake so that people cannot get in there,” said Bob Barret of the Civic Association. “We are asking that the road be opened immediately…we feel that it is an imposition.”

The civic association also sent correspondence to Mirant on the matter.

Mary Ann Burke, also of the civic association, said she had been in contact with personnel from Mirant, FERC and the New York Department of Environmental Conservation regarding the situation. Based on what she was told, no one was given any orders to close the road.

According to Celeste Miller of the FERC public affairs office, the commission did send out a number of letters to all the licensed energy producers that it watches over shortly after the events of September 11. The letter suggested that the agencies, including Mirant, review their security around their facilities. This letter, she said, did not contain any orders to close down access to facilities. It is within the discretion of an agency to limit access to facilities, so long as such limitation does not violate the terms of the license the agency operates under. Many licenses, she said, include clauses regarding the need to maintain public access as well as others that address environmental concerns. “Each one is different,” she said.

Woodstone’s Steve Dubrovsky apologized for the inconvenience, saying that the closing of the road and posted warning signs were “based on what we were told [by Mirant].”

“We are not trying to keep people off of the lake,” he said. “[Woodstone] has opened up, improved and enlarged [the Moscoe Road launch] facility and encourage people to use it.” That work was done at Woodstone’s own expense.

That’s not enough for Herman Weiner, president of the civic association. “I used [the Pine Grove-connected] launch for many, many years… it takes five minutes to get there… on the far side we have to drive a mile out to get to the water. That’s fine for people with… trailers, but not for those with canoes.”

In a letter to FERC from William McLaughlin of Mirant, dated June 13, the company requested a number of variances to be granted to its licenses at the Rio, Mongaup and Swinging Bridge hydroelectric projects. “Part of this,” the letter states, “includes locking gates that have been historically open and which allowed for public vehicular access to the base of the project dams and areas adjacent to the powerhouses. However, Mirant does not preclude public pedestrian access to these areas under this new policy.”

Historically, the access near the dam has been open to the public on a seasonal basis. The land leading to that access, however, is not, and has not been public land.

“The public road only goes from the new gate to the old gate,” said Dubrovsky. Everything beyond that point is owned by Woodstone or Mirant.

“There’s no reason to close the location,” Burke told the board. “Whoever is concerned can write and oppose the variance that Mirant has asked for. I believe the town board should.”

The board took no action on the subject at the meeting, but did promise to revisit it at the August 8 meeting.

“I have no authority on the opening and closing decision making,” Dubrovsky said, “I only implement it… If I have documentation to open it, I will.”

Until then, the gate remains closed and Smallwood residents remain angry.