Neighbors, Old Millwood Firehouse Property Owners in Access Spat

Homeowners living near the old Millwood firehouse may sue the property’s new owner unless first responders can gain emergency access through a portion of the parcel to respond to calls at four residences.

The issue came to a head during a two-hour public hearing last week before the New Castle Planning Board on the application by Allstar Woodworking, the proposed tenant, that is looking to move its custom kitchen and cabinetry making operations from Thornwood to the now vacant 93-year-old structure. The Millwood Fire Department vacated the space when its new firehouse, several hundred yards away on Route 120, opened in late 2015.

Despite the wrangling between the attorney for Allstar Woodworking and 60 Millwood Road, LLC and the lawyer for two of the homeowners, the planning board agreed by identical 4-1 votes to grant a negative declaration for the application under the state Environmental Quality Review Act (SEQRA) and approvals for a change of use, the stormwater pollution prevention plan and a tree removal permit.

While prior concerns regarding noise, screening and the effects of on-site lighting were resolved, the planning board was unable to broker a compromise between the landowner and four Saw Mill River Road homeowners regarding emergency vehicle access. The homeowners have used an existing ingress and egress from Millwood Road for decades when the fire district owned the land, but it goes over a portion of the firehouse property.

Attorney David Steinmetz, representing Allstar Woodworking and 60 Millwood Road LLC, argued that the homeowners have no easement rights to continue using that route and there is no obligation on the new property owner’s part to allow emergency vehicles to use that access point.

Furthermore, the board does not have the authority to make an arrangement regarding easements between his client and the homeowners, he said.

Steinmetz said his client offered the homeowners continued use of that access for 120 days while they upgrade a roughly 15-foot-wide right of way from Saw Mill River Road that could provide improved access to their properties, but they must promise not to initiate litigation.

He said the homeowners have had decades to make necessary improvements to the right of way.

“Philosophically, planning boards are not vested with the power to extract from private property owners the right to things like maximum potential safety,” Steinmetz said. “If we can’t reasonably work out something, there are ways that safety can be accomplished. There are ways that firefighters can deal with this issue.”

Keith Betensky, the attorney for two homeowners, rejected the 120-day offer as well as a 150-day limit. He said his clients, the Longhitano family, which has lived in their house since the 1970s, and the Correra family, who bought their home in the 1980s, believed they had a valid easement since buying their properties.

He called Steinmetz’s comments suggesting his clients should have rectified the problem years ago “disingenuous.”

“They received a letter a few months ago from another attorney who handled the acquisition for the owner stating that access would no longer be provided,” Betensky said. “That was the introduction they got to this application.”

Steinmetz said if nothing changes, he is expecting litigation from the homeowners to commence.

In a Jan. 30 letter to the planning board from Millwood Fire Chief Greg Santone, he said the existence of a utility pole near the base of the driveway to the Saw Mill River Road right of way, would not allow a larger fire truck to make the turn into that access point. A smaller truck would have to be used instead.

Santone’s letter appeared to request Millwood Road access as an option, but firefighters would abide by the legal obligations.

“From an emergency response perspective, it is always preferable to have an alternative or emergency access option to structures with limited and difficult approaches,” the chief’s letter stated. Obviously, this is rarely practical or achievable. Being able to access the homes in question from Millwood Road in addition to Saw Mill River Road would expand our tactical options in the event of a fire.”

Most of the planning board was satisfied with the efforts made to include mitigation measures to keep noise at the property line to 60 decibels or less; sufficient parking of 18 regular spaces, one handicap space and six land banked spots; and hours of operation from 6:30 a.m. to 6:30 p.m., with no machinery used before 7 a.m.

But member Sheila Crespi, the dissenting vote, said the neighbors appeared blindsided by the development of apparently not having a valid easement.

“In fairness to the neighbors, they didn’t know they had a problem they had to address before this application came before this board,” Crespi said.

Allstar Woodworking must now obtain a variance from the Zoning Board of Appeals to allow for up to 18 employees at the site.