Shore Road (aka Washington) Open - But Not All of it
In another glaring example of the deficiencies of the way in which the roads in Bayville are managed, the piece of road on Shore Road (not to be confused with West Shore Road - soon to be addressed) that was closed decades ago by Mr. Viteritti is now open and being paved. The history of this, the implications for residents of Arlington Lane and the practice of selectively allowing roads to be closed with absolutely no basis in law, is so mind numbing that I can't even begin to address it right now. To top it all off, this project was done with no notice to the residents most affected by it.
Over the next several weeks I will address this from several angles to show just how bad this is and how the residents of Arlington Lane, of which I am one, have been paying for it for decades.
Barry E. Lamb
Bayville
I am very distressed at the opening of this road. What will happen next? Will they try to open the rest of Washington? What happens to the drainage?
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Its a shame that the Viteritti property was opened up, hopefully the rest of shore road (Washington) will follow shortly. Arlington Lane was never intended to carry the load (and water runoff)of the Saltaire development along with the residents of Carr and Grove and it shows by its state of disrepair. Now with the opening of the Viteritti property even more traffic will come to Arlington for those that want to avoid the light at Mountain to gain access to the properties along Shore Road and back streets. Washington and Franklin were the feeds for these areas and both need to be opened accordingly to ease the load on Arlington which already has a constant flow of traffic in which I am certain will only increase. Washington can be easily opened in an afternoon as well.
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Much as I like Mr. Viteritti and wish him a speedy recovery, his encroachment over a roadway was not legal. The Village acted correctly by re-opening the access.
I am unfamiliar with the property at the end of Washington, but Jeff is absolutely correct that what's good for the goose, is good for the gander. It is possible that the Village is legally pursuing that, but I don't know. These cases take a long time. However, if you look at the following map:
http://maps.google.com/maps?hl=en&safe=off&q=Bayville+NY+map&um=1&ie=UTF-8&split=0&gl=us&ei=Mzr4SZSKJJa0NdfnxKkP&sa=X&oi=geocode_result&ct=title&resnum=1
....you will see that Franklin dead ends and was not originally designated as a thru street to Arlington.
If the roads in the area are in a state of disrepair, that is the fault of the homeowners, no one else. Proper maintenance and installation of drainage for runoff as we all know all too well in Bayville, is an expensive responsibility of homeowners on a given block/association.
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Thanks for the map Lisa. If you take a look at the Viteritti property, it dead ends there as well and we now know that was not the case. Franklin shows as a dead end but is incorrect as well. Google maps is a great tool but is not 100% correct. BTW, did you notice the Blvd. is open too.
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Jeff,
You are absolutely correct about Google maps, and I should have mentioned that there are such things as "paper roads" here in Bayville which Google wouldn't reflect so you could be right about Franklin. If my geographic memory serves me correctly, the property where Franklin abuts Arlington is where my brother-in-law lived over 30 years ago and it is an irregularly shaped parcel. I don't know if the same "paper road" exists for that spot. I'll check it out.
As to The Blvd - that too should be opened.
I believe in applying the rules consistently, it shouldn't matter whether the property is bayside, Soundside, east or west.
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That would also include the Grove/Duane dead ends.
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If you look at historical maps of Bayville, Perry and Shore road were once one continuous route. Shore Road did not "end" at the Presidents Streets, in fact, it continued along the shoreline and ended up where the Bridge Marina is now.
If we are going to correct history from time immemorial then we need to rebuild the road to the Bridge Marina, and while we are at it, open up the Boulevard as well.
This is ridiculous as you can see. The best solution is to make this a ONE WAY ROAD - no cars allowed in from Bayville Road, only OUT. This would cut down the traffic dramatically.
Here are two links to photos of the turn of the Century maps of the area-
or try this one if the first one doesn't work
[IMG]http://i39.tinypic.com/xo1gly.jpg[/IMG]
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I believe the only reason the Vitteritti case was pursued was because another resident (Falciano?) commenced the action. The Village is not currently in the position of or desirous of commencing legal action against all possible obstructions, as far as I can tell.
Such an undertaking would significantly raise your Village taxes to cover the cost of litigation.
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I hope the new traffic will not disturb the osprey nest that was just established.
Lisa, I hope you are right and nothing more will be done.
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Have the people who live on Arlington or Saltaire noticed more traffic since the road was restored to its open state?
Arlington is such a disaster that I can't imagine anyone cutting through to get to Bayville Avenue.
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Helen,
If people would stop suing each other - that might happen. Maybe the recession is making people a little less free with their "disposable litigation income"
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Has anyone on these illegally closed roads thought about applying for permits to make them legal? The mayor of this town has an agenda, and has used the Shore Rd. case to kick it off.
She is counting on lawsuits from angry residents to provide her with the legal tools she needs to reopen the rest.
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Ray,
The Mayor has an agenda? LOL! I'm pretty sure the Mayor's agenda was to serve the residents of Bayville to the best of her ability 24/7 for 25 years, but fear not, you only have one more year under her "reign of terror" and then you can have a new Mayor to complain about.
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Many of the roads were closed decades ago when the village had a lot less housing. Closed roads offer a safety hazard. If fire trucks or ambulances have to take a longer route to a home, who suffers - the emergency people or the home owners?
Often, I hear that roads were closed for spite decades ago and the people who have closed the road have long since moved on.
I don't think the village is going to start a major project of opening roads-the litigation is expensive. The ruling from the courts should give the village some leverage if and when a closed road becomes an issue.
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Can anyone answer the following questions?
Why there are 21 Administrative Salaries over $150K?
How is it possible that LVCSD needs 4 people earning more than the Vice President of the United States?
How can the combined average of these 21 (>$185K) be larger than the salary of a Cabinet Secretary?
Has the district lost touch with reality?
Isn’t time to vote NO? Consolidation is the key to savings without sacrificing the education of our children.
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Now, I don't think opening roads will make us more safe. In fact, it would cause more harm than good. We all see how people drive around here. The speed limit on Bayville Ave is 30, have you ever tried to make a turn onto that road? Folks go at least 40-50MPH.
Firetrucks have been able to save homes and homeowners on the Prez streets without having to open them up.
Washington would become a speedway if it was opened. There are children and pets who live in the homes on Washington. The cul-de-sac provides safety. Too, the drainage is a major issue at the end of Wash with one storm drain that leads to the bay.
If, as mentioned above, "new people" have moved in and the "old people who closed the roads are gone" why didn't these so called new people take into account they were buying homes on private streets? The answer is, they bought because the streets were private dead ends.
I don't think the Mayor has a secret agenda to open up every private road in the village. If she did it would be foolish.
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the Marchands are again taking the Village to court -to try and close Shore Road in front of their house...why don't all the people that live on Mountain, Godfrey and Perry do this too??!! Surely the Village has better things to do with our tax dollars than fight these ridiculous lawsuits brought on by self serving residents! It a ROAD people - not your yard. It's been a ROAD for Centuries -
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ROAD have you seen it lately??? It hardly qualifies as a road! At high tide it floods over!It is so narrow with limited sight. Maybe if the village fixed it or the other residents took care of it there wouldn't be a problem. BUT THAT IS NOT A ROAD! A CRATER, POT HOLE, NARROW, DANGEROUS HAZARD is what it is. TRY AGAIN!
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Since the road belongs to the homeowner - tho' it is a public thoroughfare and has been for well over a century, the person responsible for filling in the potholes would be said homeowner. This same party has had no problem keeping much of Washington flat and pothole free.
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MAYBE MANY CENTURIES AGO IT MAY HAVE BEEN A ROAD BUT NOT IN 2009!
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this village has alot of roads in dis-repair - but they are still ROADS.
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It is not a new lawsuit it is the same one that the village lied about winning years ago. They never won it they won and lost motions. This will effect all of us, if the Marchand's lose the village may be able to take control of all our roads. The good side is they will be responsible for maintaining all of the so called private roads in the village. If the Marchand's win that means the roads stay private, and they can not try to open the boulevard. People wake up this is a private property issue and we all have something at stake here. Mostly us on the president streets.
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wrong- the village did NOT lose the earlier suit, Marchhand did. This suit is being based on the idea that the road is "abandoned" by traffic. Awful lot of traffic for an abandoned road. Fill in the potholes. Many of Bayville's roads are worse for the wear, but one can't close them just because one would like to...maybe to be able to call the property waterfront? If only these people would give many of us who live anywhere near a reason for what they want...
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the roads in bayville are not PRIVATE
only privately maintained
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why don't the marchands take their litigious a$$es to some other village and stop costing the rest of us taxpayers money? how stupid are you, no joke? these losers already cost the village a big grant which would have helped to pay for the drainage down there.
emergency vehicles need to be able to get through. it's as simple as that. what is it about that that you morons don't seem capable of understanding?
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as far as i know the roads in bayville
aren't privately owned only.i don't
believe the deeds reflect owning to the
center of the road.also private roads
should not have garbage pick-up or
snow plowing.so unless your deed shows
ownership to the center of the road it
is not private.
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Get the pitchforks, run 'em out of town.
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I believe the Marchand's lawsuit is to get Shore Road classified as "abandoned." That would mean it would no longer be open to traffic.
The Valentine's Beach project was approved at last Wednesday's meeting and the contract was awarded. finalized plans are in the works and will be available at Village Hall.
Also, the President's Street drainage project was approved. This project will provide improved drainage to handle flooding on Bayville Avenue in the President's Street area. That is all I know about the project.
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This is not a Marchand vs. the village thing or marchand vs. the residents of bayville, they have the legal right to bring suit against the village, the grant is still available, the grant does not expire until 2011, please do not smear the marchands, they have every right to stand up and fight, the roads are not owned by the individual property owners, village does not own the roads and personally I would rather not have the village own the roads, they do a poor job maintaining the roads their are responsibility now. plus taxes will going up if the village has to maintain all the roads in bayville with the exception of Nass. county roads. Leave the roads to indiviualy block associations, the village should be encouraging residents to form stronger block associations. The mayor should visit block assoc. meetings to lend support and guidance, Mayor V, is a lam-duck, she leaving soon and has no interest in achieving a better place for us to leave, I can only imagine who she is going to endorse. We should all be worried
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Lets be clear Craig S any law suit brought against the village is brought against the people who pay the taxes. I don't know the Marchands but they seem like the type who will just keep lawyering up until they get their way. marvelous. Props to Lisa M who was lookin good in the back row of the Beck show, to bad you were pre-empted by the big O .
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In a perfect world, strong associations are great. But, all too often, the fastest way to cause problems with your neighbors, is to form an association. This family in question is simply mean and irrational. Anyone who has questioned their actions, has been on the receiving end of a fine or property code violation, no matter how small.
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go lisa! good job on exposing IB on beck! glad obummer didn't pre-empt at 2am.
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Thanks guys! I know there was a lot more in my head that didn't come out of my mouth but the time they give you is so short.... and you have to admit, that WAS the ultimate irony. I mean, I wouldn't have been so mad (screaming "Get off my f'n tv screen!)if it was a terrible plane crash or some sort of disaster (not that I'm wishing for those things) but do we HAVE to see this guy's face and listen to his lies on TV ALL THE TIME??? Can you imagine how the Libs would have been screaming if Bush abused the airwaves the way this egomaniac does?
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check your deed do you own to the middle of the road? if answer is yes
then the road is private.if answer is
no = not private
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in a perfect world
neighbors respect neighbors
individuals take responsibility for their property
respect the law of the land
are accountable for their actions
parents parent children
petowners care for their pets
neighbors work together, not against each other
to make things better
so we all can enjoy
life, liberty and the pursuit of happiness
in a world without lawyers
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Persons interested in the drama over Shore Road might check out the October 7th issue of the North Shore Leader. There is an interesting letter to the editor concerning the Shore Road closing lawsuit.
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Marchands defeated
http://decisions.courts.state.ny.us/10jd/nassau/decisions/index/index_new/lally/2009nov/013478-06.pdf
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This page added to Google cache Cached: http://google.com/search?q=cache:http://bayvilleblog.com/2009/04/28/shore-road-aka-washington-open--but-not-all-of-it.aspx?ref=rss&ei=AFQjCNHajN_OX0kgxzx7UGA1yBfpoRn tubedfWq
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there are some great points in this article now to do more research
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