New Windsor in dispute over route of pipeline

By Lina Wu
Posted 10/16/19

Grant Miller angrily stormed out of the public forum. The doors closed behind him as New Windsor Town Attorney David Zagon attempted to finish responding to his comments. “I was basically …

This item is available in full to subscribers.

Please log in to continue

Log in

New Windsor in dispute over route of pipeline

Posted

Grant Miller angrily stormed out of the public forum. The doors closed behind him as New Windsor Town Attorney David Zagon attempted to finish responding to his comments. “I was basically wasting my time listening to the town lawyer spit out one lie after another!” said Miller over text.

Miller is the owner of 27 Hilltop Drive. For months he’s been in a contentious battle with the New Windsor Town Board over the route of a storm drainage pipeline. Currently the town is looking to build a pipeline that could go through Miller’s backyard. Like most encounters he’s had with town officials, October 2nd’s town board meeting ended with no solid solution.

On October 2, the New Windsor Town Board officially accepted and filed Miller’s petition to “Save Grant’s Tree.” Miller and his family have lived in their home for ten years. In those ten years, their 60-foot sugar maple tree became a hallmark of Miller’s son’s life. Miller’s son, Grant Jr. is nine years old and has autism. For him a change in structure can uproot his life dramatically and negatively.

The current route of phase two of the storm drainage pipeline project would go through Miller’s yard and potentially kill their sugar maple tree. In addition, phase two would damage Miller’s backyard. The yard is also Grant Jr.’s play area. For him, having no access to the sugar maple and his play area could be detrimental.

The project could potentially also harm their neighbors’ trees. On one side at 25 Hilltop Drive is a 20-foot maple tree, on the other side at 29 Hilltop drive is a 40-foot Norway maple tree. But Grant Jr.’s absolute favorite is the family’s sugar maple, which he lovingly named Mr. Tree. Like his father, Grant Jr. remains committed to helping protect Mr. Tree.

The Miller’s protests against the project officially started after phase two was brought to their attention in June. On June 20, Zagon and Shawn Arnott of the town’s engineering firm, McGoey, Hauser, and Endsall, officially served the Millers an easement agreement. After questioning the project, Miller refused to sign the easement. The explanations of Arnott and Zagon seemed unclear and confusing to Miller. “They just talked in circles,” said Miller.

Only phase two of the project would directly impact the Millers. In April of 2018, New Windsor applied for funding for phase one of the project through the Community Development Block Grant. Through the grant, $300,000 was set aside for phase one of the project. According to town officials, the project’s purpose is to solve community wide issues with storm flooding. But the issue of flooding didn’t officially hit the town board’s radar until the owners of 18 Stonecrest Drive complained about flooding on their property. The owners of 18 Stonecrest Drive declined to comment.

Phase one of the pipeline would run up Hilltop Drive. The goal of phase one is to solve infrastructure issues. In addition, phase one would address current drainage code issues.

The current estimated cost of the project in total would be $386,000. Phase one costs a total of $307,000 and phase two costs $79,000. Phase two would run from Hilltop Drive to Stonecrest Drive. Although the current path of the project is the most feasible and affordable for the town, it would damage the root system of Miller’s sugar maple and potentially harm the surrounding trees.

On September 11, Miller, his family, and their supporters attended the town board meeting. Grant Jr. personally took the stand and declared his love for the tree. “I’m little Grant and I’m pretty sad that they’re gonna kill down my 60-foot maple tree,” said Grant Jr.

Both Miller and Grant Jr. spoke. According to Miller, it even seemed as if the board was “surprised there was an issue.”

Deputy Supervisor Patricia Mullarkey seemed conflicted.

“I’m sorry for his feelings,” said Mullarkey over the phone. “I understand the heartfelt attachment to the trees. We understand that, but what can we say? This is a project that the rest of the town needs.”

Town Councilman Steve Moreau believes that the project should be put on halt until there’s a solution that won’t harm anyone. “The plan was to solve one solution,” said Moreau over the phone. “It created others instead.”

Since June, Miller and his supporters have sought help from the likes of Sen. James Skoufis’ office, and others like, the Assistant Attorney General’s office. On August 23, Skoufis’ office sent a letter to the town board asking the board to reevaluate the project.

In response, a new alternative route was developed for the project. The alternative route would cost a total of $783,000. In the alternative route, phase one would cost $457,000 and phase two would cost $326,000.
Phase one would involve digging deeper into a portion of Hilltop Drive, and phase two would avoid Miller’s property completely. In phase two, the pipeline would be moved to a lower part of Stonecrest Drive. In order to be able to afford the alternative route, the town would need more funding. The town responded to Skoufis’ office with a letter asking for extra funding for the project.

Recently, the town has also considered hydrovacing as an alternative. The town doesn’t officially have the cost for hydrovacing. But estimates wise, it would be cheaper than the current alternative route.

Hydrovacing is allegedly safer but it doesn’t guarantee the protection of the Millers’ sugar maple. Even with hydrovacing, the pipeline would still go through the Millers’ yard. Hydrovacing is when the ground is removed or replaced with pressurized water. With hydrovacing, the roots wouldn’t be removed as the pipe is installed. The soil would be replaced instead.
For Miller, the lack of guaranteed safety for the tree doesn’t make hydrovacing a viable option.

Without Miller’s signed easement, the town would have to consider the more expensive alternative route. According to Zagon, without extra funding from Skoufis, he would have to ask the town board to figure out another way to fund the alternative route.

With the current conflict between the board and Miller, the project’s commencement date is up in the air. Despite difficulties and frustrations with the town board, Miller is determined to stand his ground and protect his property and his son’s way of life.

Putting his head against the 60-foot-tall sugar maple, “I really love Mr. Tree,” said Grant Jr. “Do you love me Mr. Tree?” Excitedly, Grant Jr. announces “he said yes.”

When asked about his future with Mr. Tree, Grant Jr. looks down. “I don’t know yet.”