The town of Glenville has settled a dispute over whether a road in a private development has to be maintained by the town.
A resident of Van Buren Lane, Benjamin Huisjen, had filed a lawsuit in state Supreme Court claiming that Glenville was responsible for the road’s upkeep because town officials in the 1970s had accepted a deed to the road.
Town Attorney Michael Cuevas explained that the property around Van Buren had originally been home to seasonal camps that were served by a private road network. The camps later became year-round residences. These were paved roads but there was also a switchback road extending for about 600 feet to the Mohawk River. The homeowners association at the time deeded the roads to the town.
Huisjen won his case.
Cuevas said, “The judge decided the town accepted that road including that portion to the river.”
The town appealed the decision. Before the appeal could be heard, Huisjen decided to settle the case. He offered to split the cost with the town of getting the street up to rural road standards. The required work includes slight widening and reducing the road’s curve to make it easier for emergency vehicles like fire trucks to access the site, possibly installing a guide rail and putting a fabric covering that protects the ground. This section of the road will not be blacktopped.
The Town Board passed a resolution authorizing the settlement at a combined cost not to exceed $30,000, but town officials anticipate the cost will be less.
Supervisor Chris Koetzle said, “It seems like this is a better resolution for both parties.” Deputy Supervisor Alan Boulant credited Cuevas for helping to settle the matter. “This is something that was kind of brewing before we got here and really could have been an ugly scene for the town,” he said.
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