Rye Brook trustees will draft response on Webb Avenue sidewalk; school district opposes taking on maintenance

Rye Brook trustees on June 10 discussed a request from the developer of the Webb Avenue residential project in Harrison to build a sidewalk along the north side of Bowman Avenue that would connect the new development to the Rye Brook shopping center. The school district, which owns property adjoining the proposed sidewalk route, has told the village it does not want responsibility for maintaining a sidewalk on its property.

Village staff told trustees the developer was required by Harrison as part of its approvals to provide a sidewalk that would cross into Rye Brook’s jurisdiction. The village explained that under local code the adjacent property owner typically must maintain sidewalks — including snow and ice removal and repairs — but the school district has already expressed it will not accept maintenance responsibility.

Trustees discussed options and the likely outcomes. Several board members said the village is not willing to accept long-term maintenance responsibility for a sidewalk that primarily benefits the Harrison development’s residents and noted it would be inappropriate for Rye Brook to assume a continuing obligation for infrastructure imposed by another municipality’s approval. Mayor Klein and other trustees said the village could advise Harrison and the developer that Rye Brook "takes no position" on whether the sidewalk should be built, but that if it is constructed, the developer or property owner who benefits should be responsible for maintenance.

Village counsel and staff recommended drafting a letter stating this position and clarifying that any maintenance agreement would need to be negotiated between the developer and the school district or, failing that, that the developer accept ongoing maintenance as a condition of allowing the sidewalk. Trustees asked staff to prepare a draft letter reflecting the board’s sentiment and circulate it to trustees for review rather than taking formal action at the same meeting.

Trustees noted a few practical points raised during the discussion: the proposed sidewalk would primarily serve new residents of the Webb Avenue development and could provide indirect benefits to Rye Brook businesses by making the shopping center more walkable; the school already has sidewalks that serve students in other directions; and the village lacks precedent for accepting maintenance of sidewalks that chiefly serve developments in other municipalities.

No formal resolution was adopted; the board directed staff to prepare and circulate a draft response to the developer and to clarify that any sidewalk constructed on or adjacent to school property must have an identified maintainer. Trustees also said any developer-provided sidewalk should be accompanied by appropriate construction, maintenance and safety provisions, which the village would expect to see in agreements or conditions submitted to the approving municipality.