Thank you!
Your support is sustaining the future of local news in our communities.

Judge’s decision urges Dover Planning Board to take ‘hard look’ at Transco substation

DOVER PLAINS — A decision by New York Supreme Court Judge Thomas Davis in late August denied New York Transco permission to construct and run a power substation on a former auto wrecking site on Route 22 near Cricket Hill Road that borders on an important wetland.

The Dover Planning Board had granted permission to the company in February, but a coalition of local environmental groups and residents argued that in planning this project, there was insufficient attention paid to the New York State Environmental Quality Review Act (SEQR). 

The judge remanded the matter to the Town of Dover Planning Board to take a “hard look” at the areas of environmental concern. The Town of Dover filed an appeal but withdrew its appeal several days later.

Transco’s communications director Shannon Baxevanis, said, “We’re internally considering our options and the timing. We can keep you updated as we execute next steps.”

Transco’s request for permission from the Planning Board began in April 2021, when it was leasing and in contract to purchase the site, which is “…adjacent and to the north of the Cricket Hill Preserve, (also locally known as the Great Swamp), which is a National Historic Landmark, a New York State-designated Critical Environmental Area, and a Class I wetland,” according to the decision.

The company’s formal application followed in October 2021, after a meeting and various correspondence with the Planning Board, which declared itself a lead agency in conducting the review.

The project’s intention is to install a Phase Angle Regulator (PAR), which is a specialized form of transformer used to control the flow of real power on three-phase electric transmission. Over the next year, Transco appeared at the Planning Board’s meetings to discuss it and retained experts to address questions from the board and the board’s own experts, attorney Victoria Polidoro, planner Aaron Werner, and engineer Joe Berger.

In a July 2022 letter, Transco, having submitted numerous documents to bolster its case, maintained that “there are no reported spills at the Site…and it was not listed on DEC’s Environmental Site Remediation database.”

 In sum, it concluded, “The planned area of disturbance on the Site is small, relative to the scale of the overall system which feeds water into the Great Swamp.” Public hearing on the project was from September 2022 to Feb. 1, 2023.

The coalition of environmental and conservation groups—Friends of the Great Swamp (FrOGS), Concerned Citizens of Dover (CCD) and the Oblong Land Conservancy—attended Planning Board meetings and voiced their concerns and supplied counterarguments.

FrOGS’ James Utter, who is its board  chair, faulted Transco’s soil and groundwater testing  as “inadequate and unclear, in that only very few samples were taken, the locations of the samples were not in areas where many of the junkyard vehicles had historically been stored and, though dozens of contaminants (some known carcinogens) were listed as having been detected in the samples, none of the actual data from the testing results was supplied by Transco.” 

In referring to a graph that Transco submitted as proof of lack of current and potential damage, the judge’s decision read: “In the three-column graph that had been submitted as above, (Analyte/substance, Applicable Use Standard” and ‘Exceedance of...standard, respectively) there was no underlying data, i.e., numerical concentration for each analyte, which would have revealed “how close the testing came to exceeding the limits.”

Both the Planning Board and the coalition members requested that Transco reveal the relevant data, but the graph and other documents were admitted as sufficient by five out of the seven Planning Board members, which granted Transco the permission to continue. One board member voted against the project,  and one was absent when Chair Ryan Courtien announced the Feb. 6, 2023, approval of Transco’s plan. 

Coalition members followed with a Notice of Petition on March 8, 2023, to annul the decision and to prevent any further “site disturbance,” which culminated in the Aug. 28 decision by Judge Davis. Named as petitioners were FrOGS, the Oblong Land Conservancy, CCD, and Charles A. Quimby, with the Town of Dover, Transco LLC, and Consolidated Edison Company of New York Inc. as respondents.

For its part, the coalition of environmentalists and other residents is quietly optimistic. “We came together with a shared goal: to protect the land, water, and biodiversity that sustain us,” said Quimby, a founding member of CCD. “We believe in responsible progress and have hope that [this] court ruling will impact future development decisions in our town.”

Latest News

Millerton dressmaker forged path as early businesswoman
Mary Kisselbrack, left, and her husband, George.
Provided

If you’ve driven down Main Street in Millerton, you’ve passed the former home and shop of one of the village’s earliest female entrepreneurs. At a time when most businesses were owned by men, Mary Kisselbrack made a name for herself in the late 1800s as a well-respected milliner and dressmaker.

On April 11, 1891, train conductor George Kisselbrack purchased a 124-by-232-foot vacant lot at 54 Main St. and hired locally renowned builders Beers and Trafford to design what would become their home and Mary’s business.

Keep ReadingShow less
Wastewater project coming to fruition after decades of debate

Millerton’s business community will soon see the completion of a public wastewater system, addressing what local officials and business owners have called a major constraint on commercial development in the community for decades.

The $13.8 million project, which is expected to serve the core of the Village of Millerton and a commercial stretch of the Town of North East along U.S. Route 44, represents one of the largest infrastructure investments in the community in decades, and brings an end to calls for a sewer system that stretch back to World War II. Officials say the system will safeguard local waterways while creating a foundation for long-term economic stability.

Keep ReadingShow less
Millerton Moviehouse marks 120 years with structural upgrades

Wooden beams made from tree trunks comprise the load-bearing structure under Millerton’s Moviehouse.

Graham Corrigan

There are a handful of buildings that have stood the test of time over Millerton’s 175-year history. But if there’s one that stands out as a singular representation of the town, it’s the Millerton Moviehouse and its iconic clock tower.

Built in 1903 as a grange hall, it was soon converted into a movie theater with a second-floor ballroom. It was one of a handful of buildings that came to define the town in the following decades, standing tall across the street from the Episcopal Church and Millerton Inn, next to Terni’s, and up the hill from Millerton’s train station.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

Irondale Schoolhouse: a piece of living history

Ralph Fedele sits at a desk in the historic Irondale Schoolhouse, which he led the effort to relocate to downtown Millerton.

Aly Morrissey
“It was in dire straits. Right on the road, but beautiful. I remember thinking, ‘Wouldn’t that be a great building to move into the village?’” —Ralph Fedele

A one-room schoolhouse sits on Main Street along the Harlem Valley Rail Trail, offering an opportunity for locals and visitors to step inside a piece of living history.

The Irondale Schoolhouse that now sits in downtown Millerton was not originally located on Main Street. The building was first constructed in 1858 along what is now Route 22 in the Irondale section of town, defined by Irondale road and the Old Mill that still sits along Webatuck Creek. At the time, the schoolhouse was one of 14 that served the Town of North East’s children.

Keep ReadingShow less
New Water Department building expected by summer’s end

Millerton’s former Water Department building, ravaged by fire, as it awaited demolition in summer 2025.

Aly Morrissey

Nearly 18 months after a fire destroyed Millerton’s Public Works building, which housed the Highway Department and Water Department, construction is expected to begin within weeks on a new Water Department facility and pumphouse.

The new building would restore the village’s full water pumping capacity and allow officials to end the state of emergency declared after the fire. Village officials are also planning a separate Highway garage, with details of that project still being finalized.

Keep ReadingShow less
NorthEast-Millerton Library microfilm digitization nears completion

NorthEast-Millerton Library

Aly Morrissey

A new initiative at the NorthEast-Millerton Library aims to digitize a collection of photographs, newspapers and other historical materials documenting the community’s early history.

Once completed, the collection will be available online and will include photographs, yearbooks, newspaper microfilm and slides reflecting the area’s past. The materials come from personal collections as well as archives from the Millerton News and its predecessor, the Millerton Telegraph.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.