Archive for the ‘South Nyack’ Category

ICYMI: Rockland SUP plans may face legal snag

Snowy Eesposito Trail/Credit Jess Hans Smolin

When one door closes, the saying goes, another one opens. What happens if the closing door — all but shut — is suddenly stopped by a situation that metaphorically says, “Not so fast!”

With the bridge project progressing steadily, and final designs for the walking/bicycle path due in June, it seems unlikely anything would intercept construction plans — until now.

The group Preserve South Nyack contests plans to intersect the Esposito Trail with the new bridge’s walking/bicycle path and whether or not the Thruway Authority followed legal protocol to acquire 0.81 acres next to the trail for a bicycle path.

PSN identified multiple deficiencies in the agency’s eminent domain proceedings, which include neglecting to serve the village (as condemnee) proper notice. The condemning authority (Thruway Authority) has to conduct a public hearing to determine if the greater public purpose being served by eminent domain.

Notice is to be published five times prior to a meeting and one or two times after the meeting within 90 days of its occurrence.

Drawing/Credit Reese Leader, 6, regular trail user and visitor

Members maintain the agency neglected to notify residents with the appropriate number of public notices prior to the March 2016 meeting — and neglected to notify the village either in person or by certified mail — per Eminent Domain Procedure Law (EDPL) Section 202, which governs the notice for the hearing and requirements to be met.

An inadvertent failure to meet the requirements of Section 202 is not jurisdictional. Further, the agency neglected to follow protocol re EDPL Section 204(C)3, which mandates it notify the village of findings and determination after a public hearing — March 2016 — in person or by certified mail.

PSN’s position is the 30 day Statue of Limitations doesn’t start until after the notice is delivered by certified mail or in person.

To date the Thruway Authority has not provided proof of compliance with EDPL Section 204. If this defect is deemed jurisdictional in court, then South Nyack can challenge the ruling. If not, then the village cannot challenge it. This specific issue has no court precedent.

That the Thruway Authority published 91 days after the meeting may hold less material or jurisdictional importance as its failure to notify the village of a proposed condemnation via personal delivery or certified mail.

Esposito Trail/Credit Kristy Leader

Months earlier, Village Trustee Andrew Goodwillie proposed a plan that would end that shared use path (SUP) at the Exit 10 on-ramp at South Broadway, which will close as part of the Concept F plans.

Proponents maintain this viable alternative will keep bicyclists off South Franklin Street, which is narrower than South Broadway, leaving the Esposito Trail intact for residents.

The Thruway Authority would save money as it would neither need to build a trailhead at Clinton Avenue and South Franklin Street nor make improvements alongside the trail, and no easement would be needed from the village.

PSN feels moving the SUP entrance would also negate the need to build a ramp to the trail and would afford police security from nearby Village Hall.

Dennis E.A. Lynch, representing South Nyack, explained if the village owns the property (Esposito Trail), then its officials can pass legislation to make it parkland. It can also be deemed parkland via deed or use.

South Nyack is awaiting results of a title research/confirmation that it owns the property (0.81 acres of Esposito Trail) and a legal opinion as to its rights and responsibilities to then determine what it can do regarding the Thruway Authority’s actions. When and if the deficiency is corrected, then the village will take appropriate action in the best interest of its residents.

My article originally appeared in the Rockland County Times March 9, 2017.

Copyright © Janie Rosman and Kaleidoscope Eyes 2017

Renderings for Walking/Bicycle Path Terminus

rendering

This morning the store was empty. Its parking lot offered numerous spaces from which to choose, and there was no line waiting to pay for items.

“You should have been here yesterday,” the cashier said as she rang up my purchase. “The lines were around the store, and people were complaining that they had no place to park.”

Yesterday I had no interest in crowded places and worked on an article that will post next week. My neighborhood was quiet, the roads were as empty as the store I went to this morning, and it felt like everything stopped.

The previous weeks were busy, and I missed the meeting in South Nyack during which the village and the Thruway Authority presented renderings for the shared use path terminus in Rockland that will open in 2018.

Good news continues for the village. To recap:

In spring 2015 the state agreed to relocate the Rockland terminus (landing point) away from residential village streets to Thruway property near Exit 10 with adjacent parking.

The above rendering, courtesy of the New York State Thruway Authority, is one of four presented during the November 15 meeting.

I’d like to know what you think.

Copyright © Janie Rosman and Kaleidoscope Eyes 2016

New Bridge, New Path Design, a New Beginning

main span towers

“You can’t go back and make a new start, but you can start right now and make a brand new ending.” — author James R. Sherman, Ph. D.

What an exciting time for South Nyack! After more than 60 years the village is looking forward to new possibilities as the bridge project makes — and changes — history.

Last year the state agreed to relocate the Rockland terminus (landing point) away from residential village streets to Thruway property near Exit 10 with adjacent parking.

Last week Governor Andrew M. Cuomo announced that the village’s preferred option for the path’s landing, “Alternative F” at $16 million, was chosen after a thorough review of its impacts and benefits to the local communities.

Watch for an update in the July 2016 issue of Rivertown Magazine.

I’d like to know what you think.

Copyright © Janie Rosman and Kaleidoscope Eyes 2016

Cool Nighttime Pictures: TZB Toll Plaza Transition

Video and photos courtesy of New York State Thruway Authority.

Another page in Tappan Zee Bridge, and Hudson Valley, history has begun.

Today we’re visiting a friend upstate and will be returning around 6 p.m. or later. During a similar trip last year southbound traffic started backing up near Exit 14B and crunched at the toll plaza, where drivers will now see new lane configurations

No more decisions about which lane to take or waiting behind a slow driver, who sometimes was me. Back in the days of coin boxes I’d sometimes miss the box, which meant turning off the ignition, taking out the key and opening the door to look for the money.

Your only choice — if you don’t have E-ZPass® — will be how to pay the bill.

I’d like to know what you think.

Copyright © Janie Rosman and Kaleidoscope Eyes 2016

Trio of Traffic Events Starting Tonight at 9 p.m.

Today’s the last day for using E-ZPass® and cash lanes at the Tarrytown toll plaza. Photos courtesy of New York State Thruway Authority.

Before that happens three southbound lanes between Exits 10 and 9 will close — two at 9 p.m., one at midnight — and will reopen tomorrow at 8 a.m.

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Three toll plaza lanes will be open from 11 p.m. to midnight; speed is limited to 20 miles per hour. After midnight — and when the last fare has been paid in Tarrytown — the electronic gantry will be activated.

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So . . . if you’re driving to Westchester and clear the gantry seconds before midnight, then yours may be one of the last vehicles to drive through the toll plaza. Speed remains 20 mph.

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Drivers will have five more lanes to use after 6 a.m. at the same speed. It’s 35 mph for the two left lanes until May, when the next construction phase begins.

The Exit 10 on-ramp in South Nyack will close at 10 p.m. and will reopen tomorrow at 5 a.m. Additionally, traffic between 11 p.m. and 5 a.m. from Exit 11 to the bridge will be stopped from time to time.

detour

I’d like to know what you think.

Copyright © Janie Rosman and Kaleidoscope Eyes 2016

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