15 December 2010

Locals Want Canadian Pacific to
Pay for Crossing Improvements

Ballston Lakes New York USA - Homeowners on White's Beach Road in Ballston Lakes, N.Y., say they take their lives into their hands when they leave their homes, The Saratogian reports. For 18 households, leaving means crossing a set of railroad tracks that sees up to 20 trains go past each day. Only a few stop signs keep drivers from pulling in front of a train. The road is private, so no railroad crossing gates have ever been installed.
 
"There have been numerous accidents," said Herb Jackson, the resident who paved the road with funds raised from his neighbors. In fact, the bucket of his tractor was hit by a train years ago. "We're really lucky someone hasn't been killed out there," he said.
 
That, too, is the sentiment of the Canadian Pacific Railway. "The railway's contention is that these crossings present a serious safety risk," spokesperson Breanne Feigel said. Despite their agreement on the problem, none of the stakeholders can agree on the solution.
 
The railroad recently sent a letter to Judge Robert Rybak in the Office of Proceedings for the New York State Department of Transportation requesting that White's Beach Road, as well as two other private Ballston roads, Saunders Lane Road, and Connolly Road, be closed.
 
"We want to see the opportunity for the landowners to safely get to their property," Feigel said, but she also said the crossings would be closed if a land crossing agreement is not reached between the railroads and the residents. "It is in the interest of public safety."
 
The letter to Rybak and local politicians also states that, "For the past three years, the CP has unsuccessfully sought to engage in meaningful discussions with the homeowners regarding the safety, use, and maintenance of the crossings."
 
It also points out that the railroad crossings all exist within the state's proposed corridor for high-speed rail.
 
"When they say they've been trying to negotiate with us, that is a crock of malarkey," said Jackson. According to Jackson and two of his neighbors, the railroad approached them to sign a lease agreement for the land over the crossing, shifting responsibility for insurance and liability in case of accidents onto the property owners who maintain White Beach Road.
 
"Our lawyer said we would be foolish to sign that agreement," said Al Eaton, Jackson's neighbor.
 
"This road is not going to be closed," said Don Nash, who lives on Ballston Lake alongside Eaton and Jackson. "It's about who is going to pay for it."
 
According to Ballston Town Supervisor Patricia Southworth, a railroad crossing will cost $300,000.
 
"I think, like any other economic development, they are responsible for making the upgrades necessary to make the project viable," Southworth said. She highlighted recent developers in Ballston who have been required to conduct extensive traffic safety studies to evaluate what upgrades they will ultimately be responsible for making to the infrastructure surrounding their development. "I don't understand why the railroads would be any different."
 
One option the parties have considered is the town taking over the roads in order to capitalize on federal funds available for railway crossings.
 
Both Saunders Lane Road and Connolly Road are gravel roads, and even White's Beach Road, despite being paved, does not meet town road standards. That means the town would need to pay for the narrow roads to be upgraded.
 
"We're talking millions of dollars," Southworth said.
 
"We don't want to pay for it and the town shouldn't have to pay for it," Jackson said. "If the judge decides we're on the hook for it, it's going to be a fight."
 
A public hearing is scheduled for 6 Jan 2010 in Ballston to decide "whether closure or modifications of these crossings are in the best interest of the people of the state of New York," according to a notice from the Office of Proceedings.
 
Feigel said the thing that gets lost in many of these discussions is that it represents progress.
 
"It benefits the public and it benefits the state," she said. "We're not holding up progress," Jackson said, "We just want them to fix the road and make it safe."