District attorney’s office sides with developer

Dubrovsky is “within his rights” to block reservoir access

By FRITZ MAYER

BETHEL, NY — James Farrell, a Sullivan County assistant district attorney, said Monday that developer Steve Dubrovsky has every right to put up a new gate blocking access to the Toronto Reservoir. He based that decision on his examination of surveys, titles and related documents.

The decision is in conflict with an April 2005 ruling by the Federal Energy Regulatory Commission (FERC) that the controversial access remain open. Farrell said Dubrovsky’s position is that it is a matter to be settled between FERC and Mirant, the company that sold the land to Dubrovsky. In the meantime, the position of the district attorney’s office is that the fence may remain in place.

The issue was brought to a head on Saturday, June 24 as 20 county residents, in a planned demonstration, went to the site with the intention of going through or around the gate. At a point about 150 feet from the gate, sheriff’s deputies placed a line of orange cones, marking the boundary of Dubrovsky’s land.

Undersheriff Eric Chaboty told the demonstrators that, based on Farrell’s guidance, demonstrators who crossed the line would be arrested. The incident was peaceful and civil, and lacking enough evidence of their right to follow the road to the reservoir, the demonstrators decided not to cross the line.

Later in the day, however, Mary Ann Burke, the demonstration organizer, said her group closely examined the property deed and found that an easement to reservoir access is spelled out. Burke said her group would meet with the assitant district attorney to discuss the matter.

The road not given

The battle between the developer of The Chapin Estate and residents who wish to continue to use the access road has been waging for nearly four years. In April 2005, FERC ordered Mirant to keep public access to the reservoir open as a condition of Mirant keeping its license to generate electricity. The road was opened and local residents thought they had won a permanent victory.

In July 2005, Dubrovsky and the Town of Bethel worked out a deal whereby Dubrovsky agreed to build a second road that would provide reservoir access and turn it over to the town. Dubrovsky, however, wanted the town to upgrade the dirt road leading up to the development to the same standards as the roads Dubrovsky builds in the development.

Bethel supervisor Harold Russell said the town did not have enough money to do that, but would have made the dirt road passable if the deal had gone through.

The two sides could not reach agreement. The new road was built, but never deeded to the town.

Sometime last fall, logs were placed across the access road preventing anyone from using it. In March, FERC ordered Mirant to re-open the road.

FERC spokesperson Celeste Miller said there had not been any movement in the matter since then. The land surrounding the new road has been subdivided and is for sale. Several lots surrounding the original access road have been sold off.

A spokesperson for Mirant would not comment on whether the company had filed a lawsuit against Dubrovsky or the owners of the new lots.