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Traffic commission declines to act on request to extend New York Avenue paper street
Summary
A request to extend New York Avenue westerly beyond Fourth Street to access landlocked properties was brought by Carol Hodecker and Linda Goyette; the commission voted unanimously to take no action, citing legal uncertainty about paper-street rights and limited commission authority.
Members of the Cohoes Traffic Commission on April 27 voted unanimously to take no action on a request to extend New York Avenue, a section the applicants described as a paper street.
Carol Hodecker and Linda Goyette asked the commission to allow New York Avenue to be extended westerly beyond Fourth Street so they could access landlocked properties. The applicants told the commission they wanted to reach the rear of their properties to remove dead trees and other brush falling onto adjacent parcels.
Todd Gordon, Code Enforcement, informed the commission the applicants were seeking permission to access only the paper-street portion of New York Avenue for the limited purpose of removing vegetation.
Chairman Paul Johnston summarized his research, saying the right-of-way for a paper street exists in legal limbo: the public may theoretically have a right to use it, but no entity is obligated to make it usable. Members discussed whether the Traffic Commission had the authority to grant the requested permission; Director Stephen Napier moved that no action be taken because formal permission was not required. Assistant Police Chief Timothy Keefe seconded the motion. A roll-call vote was taken and the motion to take no action passed unanimously.
By declining to act, the commission left any property-access or roadway-improvement steps to the applicants and other entities with legal authority over rights-of-way. The commission did not specify additional steps or conditions.
The commission adjourned at 2:05 p.m.
