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Ladoga Park residents received a setback Wednesday when a letter from Fire Chief Scott Purcell stated that a blocked railroad crossing does not pose a safety hazard as far as the Lansing Fire Department is concerned.  "I have concerns that are not directly related to the closing of the crossing," Purcell wrote.  "Whether the crossing is opened or closed has very little do do with our access through the entire road."


Since Norfolk Southern Railroad closed a private railroad crossing last April, residents have met with New York State Senator Michael Nozzolio as well as Town and Fire District officials to solicit their help in getting the crossing back open.  Nozzolio said he would fight to get the crossing open if he could partner with the Town and Fire Department.  "It's the right thing to do," Nozzolio said when he visited the site in August.  "If it's something that takes additional funding I can certainly commit to trying to find that funding.  But I believe the issue is safety and we need to insure that it's the safest place possible."


Ladoga Park juts into Lake Cayuga just south of Myers Park.  The road is privately owned, forming a U shape that crosses the railroad tracks on both sides at the top of the U.  Norfolk Southern closed the crossing closest to Myers Park in April.  While there is still access along the railroad's right of way on a dubious road that connects Ladoga Park Road with Myers, it requires a sharp right turn near Town Justice William Burin's home.

At issue is Burin's deed, which he says grants him access over the crossing.  Burin bought his home 30 years ago and in that time the abstract for the property has been lost.  So there is no clear proof that the railroad doesn't completely own the right to the crossing.  Railroad officials have said they will open the crossing if undisputable legal proof is offered, but are standing fast on keeping the closing closed unless that happens.

Purcell's letter suggests removing a large rock and a tree from private property that block access to fire and rescue equipment, and trimming branches.  But residents insist that simply unblocking the crossing would relieve the safety hazard.  Resident Harry Bortz balked at removing the obstructions. 

"That's on private property," he said.  "Why would anybody want to take a shade tree off, of all things, when you're talking about a green environment?  Why would anybody take a tree down and move rocks for the fire department when you don't have to because the railroad crossing takes off the blockage?"

Purcell differs with that assessment.  He says that as long as either the access between Ladoga and Myers or the crossing (plus the public railroad crossing on the other side of the U) is open that access to the neighborhood is good enough for fire department vehicles.  But obstructions on private property prevent his equipment from getting where it needs to go.

"Once we get down the road we can't get through with the trees and the cars and everything else inside," he says.  "They think the cure-all is to get the tracks opened back up.  The tracks being opened or closed doesn't have anything to do with it.  Once we get in there we have no place  to go."


Deputy Supervisor Connie Wilcox notes that because Ladoga Park Road is a private road the Town has less clout than it would if it were a public street.  "The Town can pass a resolution, but ultimately the railroad has a say," she says.

Councilman Bud Shattuck was eager to pass a resolution in support of the neighborhood, but he agrees with Wilcox on the limits to the Town's clout.  "I think the property owners ought to get that stuff moved from in front of the railroad tracks," he said Wednesday.  "You should use whatever litigation you can to do that.  You're the first line of defence as far as litigation.  I think as a town we have responsibility, but I'm only one of five board members.  You as an individual have more clout regarding your personal property than someone else would."

Town Supervisor Scott Pinney says he spoke to Nozzolio in person when he was here in August, and since then has called his office and U.S. Congressman Michael Arcuri's office a number of times.  He said that Arcuri has ben working on the problem.  "They had one meeting that really didn't get very far because they didn't have much information," he said.  "They plan another meeting.  I copied him on this letter.  It's moving along, but it's moving slowly."

Even if Burin can prove that he has legal access, it is not clear who else could use the crossing from a strictly legal standpoint.  Reduced to one legal access point to the neighborhood, going in and out has certainly become less convenient for residents. 


But residents are stressing safety issues, and fire department access is not the only such issue they have cited.  Flooding is common in the neighborhood, and that can pose access issues for emergency vehicles according to Lansing Fire Commissioners.  And Bortz made the point that snow removal is another safety issue when the crossing is blocked.  "When winter comes where do you put the snow if you can't come back and around?" he said.  "You can't put it on the railroad (track)."

Town officials said they were willing to provide support, but seemed at a loss as to any substantive action the Town can take, particularly because the road is a private one.   "I'm sure it would be 100% if you were looking for a resolution from the Town," said Councilman Marty Christopher.  "There would be no reason not to.  But you have to realize that no matter what we do -- resolution, letter, emails -- it's not up to us to make the final decision.  All we're doing is showing support."

For Purcell it is a practical matter.  He notes that when Rob Cutting suffered a fatal accident last summer rescue workers had trouble getting their vehicles out of the neighborhood once they got them in.

"What I didn't want to do is say it would be great to have that access opened back up so the trucks could get in and out more easily and then have people think that's a cure-all for everything," he says.  "Because once we get past the tracks that's as far as we're going.  Everything is blocked up, plugged up."

Pinney said that the Town Board will vote on a resolution in support of the neighborhood in its November meeting.

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