Riverside development draws concern from residents

Flood plain project requires upgraded rail crossing

By JANET NOBLE

NARROWSBURG, NY — A development in Campfield Flats is stirring controversy among river valley residents.

The tract of land in question is north of Narrowsburg, and lies west of Route 97, between the Delaware River and the railroad tracks, which are owned by Norfolk Southern Railway. The northerly end of the parcel is parallel to Floyd Campfield’s eel weir. At present, the land is accessible by a private crossing on a short spur from Ackerman Road, used by six seasonal homes.

In 1987, town officials approved this tract for subdivision by the River Valley Development Corporation (RVDC.). RVDC proposes to build 23 homes on two-acre lots in a development to be called Stone Arch Estates. For the past 14 years, Salvatore Paolillo, president of the RVDC, has been trying to get the various railroad entities to agree to upgrade the crossing.

Tusten Supervisor Ben Johnson petitioned the New York State Department of Transportation (DOT) to hold a public hearing to explore the feasibility of changing the private crossing into a public one after learning that the Central New York Railroad (CNYR), now shipping freight on the local tracks, intends to greatly increase its rail traffic through the valley. At the same time, Johnson learned that Paolillo was giving up attempts to deal with the railroad and was moving forward with his plans using the private crossing, which according to Johnson was perfectly legal.

All interested parties came together on September 14 at the Tusten Town Hall with Peter S. Loomis, chief administrative law judge of the DOT, presiding over the public hearing.

Paolillo assured all present that the 23 homes of the Stone Arch Estates would be year-round residences. He spoke of his long and fruitless negotiations to get permission to upgrade the present crossing. When asked if there is any other possible route onto his property, Paolillo said, “Yeah, helicopter.” He added that, if the petition to upgrade the crossing is denied, he would not cut his losses and go back to Glen Cove. “I have over a million dollars invested here.”

Only a municipality can petition to make a railroad crossing public, and Johnson testified that Tusten decided to make the move motivated by a desire for better safety conditions for the existing six houses with the advent of more trains. No municipal funds would be used to upgrade the crossing or the road on both sides; Paolillo’s development corporation has agreed to pay for both. The road on both sides of the crossing must comply with town specifications and the town will take over the maintenance of it. So, according to Paolillo, both parties stand to benefit.

Christian Charle, from the DOT Safety and Regulatory Department, reported visiting the site and finding the existing crossing in poor condition. The surface is timber, and in some places the timbers are lower than the track rails, which could hang up vehicles with long wheelbases. He said some existing utility poles obstruct the view of the tracks.

Donald Brown, a signal engineer for 11 years with the New York Susquehanna & Western Railroad, a sister company to CNYR that operates trains on other routes, explained that gates, flashers and a predictor, which senses when a train approaches, would need to be installed. He said that the crossing surface would be concrete or asphalt.

Asked if there is any hazardous freight, Brown replied, “Sure. Propane gas, plastic pellets¾anything that can be shipped, gets shipped.” Brown reported that the average speed of the trains is 40 mph; the stopping distance varies according to the length of the train and weight of its load.

Because this railroad is primarily a one-track system and trains travel both north and south, there are four passing points where there are two tracks, one for a train to pull over while another train passes. These points are four miles long with 20 miles of single track between. The crossing in question is at a passing point, and therefore the pullover track would have to be moved. Altogether, the improvements to the crossing is estimated between $300,000 to $400,000.

When Loomis opened the floor to public comment, resident Vera Williams urged those present to look ahead. New homes would mean families with children, pets and walks to the school bus stop in close proximity to speeding trains, which have been known to derail occasionally, she said.

While the hearing was technically limited to the crossing issue, some residents brought up the environmental consequences of building on a flood plain. Paolillo said that it is legal, and the federal government has just issued new guidelines for builders. (See accompanying sidebar.)

As the hearing closed, Loomis announced that he would keep the record open for 30 days to allow the railroad to submit their engineer’s plans for the crossing.

Members of the public and other stakeholders can send comments regarding the crossing to Judge Peter S. Loomis at DOT, Office of Proceedings, 50 Wolf Road, Albany, NY 12232 or email ploomis@dot.state.ny.us.

Building in a flood plain

What is a flood plain?

A flood plain is the area adjacent to a river, creek, lake, stream or other open waterway that is subject to flooding.

What is a 100-year flood plain?

If your property is in the 100-year flood plain, there is a 1-in-100 chance in any given year that your property will flood. If it is in the 25-year flood plain, there is a 1-in-25 chance in any given year that your property will flood. The statistical chance of flooding is not changed by any one flooding event, but repeated flooding may result in the flood plain being recalculated.

A 100-year flood plain is always wider than a 25-year flood plain, and the 25-year flood plain is contained within the 100-year flood plain.

How do you find out if your lot is in a flood plain?

You can request this information from your town’s code enforcement officer, building inspector or engineer.

Why do flood plain maps change?

As more lots are covered with more buildings and parking lots, the peak discharges of water that flows into creeks and lakes increase because there is less vegetation to absorb the water when it rains and run-off velocities are generally increased.

Can you build in a 100-year flood plain, or a 25-year flood plain?

If you wish to build a home in the 100-year flood plain, you must file a permit application and a site plan that shows compliance with all flood plain regulations. All construction that is allowed in a flood plain area must have the lowest floor elevation at or above the 100-year flood plain elevation.