Planning board seeks maintenance agreement before approving Gotham Properties subdivision

The Goshen Planning Board reviewed a proposed parcel reconfiguration for Gotham Properties, an area south of Pulaski Highway that includes Aurora Industries and the old airport, and emphasized that any approval should protect the town from inheriting a private-road maintenance burden.

Why it matters: The proposal would subdivide an existing large parcel into three parcels to facilitate sales. One of the resultant parcels would rely on a private dirt access road. Board members said the town should require a recorded maintenance agreement to ensure the road is kept passable and winter-plowed and to prevent future owners from pushing maintenance costs onto taxpayers.

What was discussed - The proposal would divide the site into three parcels (described in the plan as green, blue, and the primary parcel with Aurora Industries). The blue parcel reportedly owns the right-of-way. (2552.335) - Board members noted the access road is in poor condition (described repeatedly as a dirt or "black dirt" road and "lousy") and questioned whether purchasers of newly created parcels would be required to upgrade and maintain it. (2599.04, 2649.8801) - Several members recommended a perpetual maintenance agreement recorded on deeds so that responsibility travels with the property if ownership changes. One member said: "My comments would be that I'm fine with this plan so long as there is an agreement in place that the road be maintained by blue property in perpetuity and that this protects the town from having to go in." (2719.115) - Board members discussed precedent and town exposure: technically the town need not maintain private roads, but in practice residents pressured the town into assuming maintenance of other systems in the past (sewer example cited). For that reason they urged a deed restriction or condition that assures the town will not be left to maintain the road. (2834.415, 2848.97)

Requests to staff/applicant - Provide a maintenance agreement or deed condition requiring the parcel(s) that use the access road to share maintenance costs in perpetuity (plowing, pothole repair, summer passability). (2719.115, 2870.625) - Identify whether the current configuration allows sale "as-is" and whether parcels can be sold without an express maintenance mechanism; if so, require the applicant to include recorded easements and maintenance obligations before any lot sale. (2643.08, 2878.97) - Confirm if any farm uses or periodic tractor/trailer access occurs on the road, and whether those uses will increase if new parcels are sold. (2660.115, 2694.7551)

Bottom line: The board indicated conditional support for the subdivision if staff can secure a recorded maintenance agreement ensuring that the private access road is maintained by the property owners who benefit from it and that the town will not inherit ongoing maintenance costs without process.

Next steps: Applicant and staff should produce deed language or a binding maintenance agreement for review. If the blue parcel intends to sell, conditions should be recorded to carry over maintenance obligations to successors.