Toronto access road offered for Bethel’s adoption

By CHARLIE BUTERBAUGH

BETHEL, NY — Two men who remained at odds for three years shook hands at the July 28 Bethel Town Board meeting.

Following a presentation by Woodstone Companies, Bob Barrett stood up, walked over to Steve Dubrovsky and extended his hand. Dubrovsky grasped it, bringing a dispute that called forth opinions from the town board to state conservation officials and a ruling by the federal government to an apparent end.

If the board accepts Woodstone’s new offer—an option for the town to adopt a short stretch of private road—public comment periods dominated by Barrett and members of the Friends of Toronto Reservoir appealing for board members’ support in a struggle to keep the road open to the public could become a chapter in the town’s history. For three years, they have argued the public’s right to access the Toronto Reservoir via Town Road 62 and the road that connects it with a recreational area at Toronto Dam, a hydroelectric facility owned by Mirant New York.

The connecting road is surrounded by property owned by Dubrovsky, and Mirant asked the Federal Energy Regulatory Commission (FERC) last year to amend its operating license and close the area and boat launch to the public. The town board supported Mirant with a resolution.

“We’re trying to settle the controversy by making it a public road,” said Terresa Bakner, representing Dubrovsky at the July 28 meeting.

In fact FERC settled the controversy in April when it ruled against Mirant’s request, which it understood as an attempt to “override the general public’s right to enjoy the recreational resources associated with the licensed hydro powered projects.” One source said that FERC referred unofficially to Barrett as “the mouse that roared.”

Given Woodstone’s offer, Barrett was not interested in harping on the past.

“It will be a satisfactory conclusion,” he said. “I wish everybody continues to use it [the recreation area] in good faith. It’s a site to behold at sunset.”

Woodstone has actually built a new road to bypass the original access road. It winds through the Top Ridge subdivision, which is part of Woodstone’s Chapin Estate.

Bakner said the burdens of liability, maintenance, keeping the road open indefinitely and Mirant’s bankruptcy issues have compelled Woodstone to make the offer. Councilman Bob Blais said the road adoption would bring state money to town coffers since New York provides funding for road maintenance through its Consolidated Local Street and Highway Improvement Program.

The town passed a resolution, authorizing Bethel Highway Superintendent Lynden Lilley to inspect the road to determine whether it was built in accordance with the town’s highway standards. Lilley holds the authority to uphold the town’s highway laws and will make a recommendation to the town following his inspection.

Following the meeting, Bethel Supervisor Vicki Vassmer Simpson walked over to Barrett and hugged him.

In a statement provided by Woodstone Companies, general manager David Allen wrote, “In February of 2004, Steve Dubrovsky, representing the Woodstone Companies, went before the Bethel Town Board, promising either of two solutions to the access problem at Toronto Reservoir. He offered to build a park at our expense with expanded ramps and parking, picnic areas and a sand beach at the north end of the lake ,or we would build a new by-pass road to the dam access and turn that road over to the town, if they would accept it.

“The park was rejected and we built a new road for dedication. Simply put, Woodstone did exactly what we had promised to do in February of 2004.”

Barrett said he would like to see the recreation area developed similar to the public shore on Lake Wallenpaupack, located near Hawley, PA.