Still unclear
Who owns Whipple Road"



KNOX — Whipple Road is still in limbo.

Petitioners are asking Knox to take ownership of an unpaved portion of the road, which, they say, gives them access to state land and provides a route for 31 homes in cases of flooding.

In 2002, Albany County took title to a portion of the road because taxes on the property had not been paid, said John Dorfman, the attorney to Knox, at last week’s town board meeting.

The county thought it was taking ownership of a triangular piece as shown on the tax map, he said, but then discovered it made a mistake and went to a judge saying that the property should be returned to the corporation; the owner-corporation dissolved, Dorfman said.
"What that means at this point in time is that the ownership of the land"is back in the hands of a dissolved corporation," he said.

Where the paved portion of Whipple Road ends, a resident who lives nearby, Charles Tanner Jr., erected a rock wall. Tanner said earlier he didn’t erect the wall to impede his neighbors’ access, but that the area has attracted people who party, speed, throw garbage, and shoot guns.
"The town, I believe, is restricted at this point as to what we can do as to the wall because I can’t tell you that it is on town property," Dorfman said.
"I don’t have a problem taking down a wall at all," said Tanner. He questioned whether removing the wall would result in returning to the previous situation.
"People have no respect for anybody else’s property," Tanner said.

An area along Carrick Road is where people are supposed to access the state land, he said.
"That’s the reason they built the parking area and kiosk"for people to park there and access the trails," Tanner said.

Petitioner Janet Viscio said that Whipple Road became a town road by law after it was maintained by the town for 10 years. Viscio recommended minimally maintaining the remaining 360 feet. She suggested cutting leaves once a year.
"We just want that exact same criteria for the other 360 feet," said Viscio. "In 10 years, the town would own that also without having to go through all the legal wrangling that seems to be tying it up."

Dorfman said he doesn’t see the issue continuing for 10 years. He predicted it would be resolved in one or two meetings.
Highway-by-use, he said, does not mean the town owns the road, but that the road cannot be used for "any other purpose other than how it’s being maintained."
"If you choose not to continue that access, we could lose it," said petitioner, Grace Cunningham. "You have the choice to help us, and that’s why we did a petition."

Councilman Nicholas Viscio said the board is confident Whipple Road up to the rock wall falls under highway-by-use, but that the board is not confident about the unpaved portion.

The town recently chip-sealed the road.
Viscio asked Dorfman if Whipple Road developers built in rights-of-way "by prescription" in the property owners’ deeds.

Dorfman said the owners should consult their attorneys.

Supervisor Michael Hammond said Dorfman has to make a recommendation for the board’s decision, which could be as early as the board’s October meeting.

Other business

In other business, the town board:
— Voted unanimously to appoint Gayle Burgess to the zoning board of appeals. ZBA member Larry Wilson is soon resigning, said Hammond. Councilwoman Patricia Gage said Burgess is "very capable" and "would do a good job." Gage said she would like the town board to advertise before making appointments.

Councilman Joseph Best said he thinks many people would participate but they don’t know when there are vacancies;

— Set its budget workshop dates for Sept. 25 and Oct. 2 at 7:30 p.m.;

— Heard from Hammond that Rural Development, which offers programs to support increasing economic opportunity and improve the quality of life of rural residents, based in Johnstown, will be at Town Hall Sept. 27 at 10 a.m.; and

— Will request the speed limit be reduced to 45 miles per hour along Route 156 between Route 157 and the Knox hamlet. The speed limit is now 55 miles per hour; it is 45 miles per hour in the hamlet.

George Van Etten, who lives along the stretch at 2000 Berne-Altamont Road, told The Enterprise he has called the state’s Department of Transportation, and, years ago, a sign was erected along the straightaway, but it didn’t make a difference.

The Van Ettens are farmers. Their land straddles the road, and George Van Etten’s daughter, Susan, lives nearby.
"Yearly, something always happens," said George Van Etten, adding that his daughter’s mailbox is hit each year, and one of her horses was also hit. Now, there are more cars than before, and they’re driving faster, he said.

At times, cars speed by at 70 or 80 miles per hour, said Dawn Gibson at Town Hall last week. Gibson, a tenant of the Van Ettens, has two small children. She said she was almost hit by a car when she was six months pregnant.

Four ducks in a row and a horse have been hit, she said. Gibson told The Enterprise she has offered her driveway as a lookout to both the Albany County Sheriff’s Department and State Police. In mid- to late August, her mother, Debbie Douglass, who lives in Berne, was also almost hit, Gibson said. (Debbie Douglass wrote a letter to The Enterprise editor on the subject, published Sept. 6.)

Councilman Joseph Best and Councilwoman Patricia Gage said there are bad curves along the state highway.

After discussing where a reduced speed limit should begin — Witter Road or Route 157 — the board decided to request speed be reduced starting at Route 157.
Hammond said the board "summarily upon request" forwards residents’ requests to the state and county to reduce speed limits.