South Blooming Grove cleared county park land without approval to build road, lawsuit says
Erin NolanSOUTH BLOOMING GROVE − What used to be a thickly wooded area on the outskirts of Gonzaga Park is now a construction zone. Where there were recently trees and dense vegetation, there is now a large swath of cleared land and heavy machinery.
The land was cleared to make way for a new road that would begin at Mangin Road in the village of South Blooming Grove, cut through Orange County-owned Gonzaga Park and end at Seven Springs Mountain Road in Monroe, but according to a lawsuit filed by the county in Orange County Supreme Court, the road was never approved to be built.
The county is now suing the village of South Blooming Grove and its contractors for beginning to build the road through Gonzaga Park because the project never received the proper authorizations, according to the county's lawyer, Richard Golden.
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The village claims the road is intended to create a safer, more direct route to Kiryas Joel and the town of Palm Tree, according to Golden.
A Dec. 15 email to the New York State Department of Transportation from Joel Stern, assistant to village of South Blooming Grove Mayor George Kilaj, said the village intended to build the roadway and refers to it as the "Mangin By-pass Project.”
Stern said the route that South Blooming Grove residents must take in order to reach Seven Springs Mountain Road − a short stretch of State Route 208 − is a "life safety issue" due to heavy traffic and winter weather. The new road, he wrote, would alleviate up to 90% of "'local' vehicles, trucks and buses frequenting and traveling through that intersection daily." It is unclear how this percentage was calculated.
The county is "not looking to punish anyone," Golden said, but the lawsuit requests the village hand over enough money to create a new landscaping plan, replant mature trees and vegetation and restore the property to as close to its previous state as possible.
How did this happen?
The county first became aware of the village’s plans to build the road through Gonzaga Park in early 2022 when Stern requested to meet with county officials and discuss the project, according to an affidavit submitted by Travis Edward, Orange County deputy commissioner of public works.
Edward and other officials met with Stern at the site of the proposed road in October 2022, according to the affidavit, and told Stern the county would not approve of the project.
Gonzaga Park was given to the county by the state in 2003, and the park’s deed stipulates that it must be used for recreational purposes. If the land is used for unapproved purposes, according to the deed, the county would be stripped of its Gonzaga Park ownership and the land would become property of the state.
A bypass road would clearly go against the rules outlined in the deed, Golden said.
But still, according to Edward's affidavit, county officials were informed several weeks later that some sort of construction had begun in Gonzaga Park. On Dec. 6, they visited the location.
"When we arrived, we observed enormous amounts of underwood, timber and trees that were cut, removed and/or destroyed for approximately 0.2 miles … and that there was grading and construction of what appeared to be an intended roadway,” according to the affidavit. "Beyond the cleared area, there was a large swath of land being used to store construction equipment."
The affidavit said it was clear the destruction of trees and land was "done knowingly and purposefully by and/or at the direction of the Defendant Village of South Blooming Grove despite the County denying their request."
Golden said as far as the county is aware, no environmental reviews or traffic studies were conducted, and no permits or licenses were granted to the village.
When the county became aware of the construction, Golden said officials ordered the village to stop work immediately.
"They, to our knowledge, have mostly stopped," Golden said. "There was still construction equipment that was still located in Gonzaga property, and there was quite a large swath of park that had been cleared and graded or was starting to grade for the roadway. And so in order to make sure that they weren't just voluntarily stopping, we went to court to get a temporary restraining order and then also for damages to restore the property."
Scott Ugell, the village's lawyer, said he could not confirm whether or not construction had begun on a road through Gonzaga Park, and would not answer questions related to active litigation.
"I can confirm that yes, there is a case pending, and we are working towards resolving it," Ugell said.
Erin Nolan is an investigative reporter for the Times Herald-Record and USA Today Network. Reach her at enolan@gannett.com.