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Since Norfolk Southern Railroad closed a private railroad crossing last April, residents of Ladoga Park have been scrambling to do whatever it takes to get the crossing reopened.  Many of them went to Wednesday's Town Board meeting to plead with the board to intervene with the railroad for them.

"The timing is pretty critical," said Noel Desch, a resident of the neighborhood and former Town of Ithaca Supervisor.  "We have winter coming and we'll be dealing with snow removal on private roads.  We know that the Town has rules and regulations for maintaining access to our individual properties.  But we feel the Town Board needs to step up and recognize that it also has a function here to assure that both life and property safety is restored."


Desch asked the Town board to write a letter to the railroad in conjunction with the Lansing Fire Commissioners and pursue the railroad to get a timely response.  "At least one half of our neighborhood that is totally inaccessible to fire equipment," he said.  "The other half is somewhat marginal even though the Town has invested a lot of money in public water, it would be inappropriate for the fire department to have to carry hose over a good long walk to reach fire hydrants that are there."

"The Town is very concerned with your situation down there," Pinney said.  "I've called the railroad.  In my last conversation with them they said they were researching the deed of one of the property owners.  They said if it turned out the deed is legitimate they would reopen that crossing."

That deed belongs to Lansing Town Justice William Burin.  The issue is that the railroad claims it has owned the right of way since 1876.  They are challenging any deeds issued after that date.  Burin has lived in his home for 30 years and has lost the abstract that would support the claim in his deed.  He has gone to considerable expense to have his deed researched.  Burin declined to comment at the Wednesday meeting.

Another resident, Nick Barra, presented the board with a deed and map from 1941 that he said gives all the residents the right to use the blocked crossing.  "It is very explicit regarding the right of way we are discussing," he said.  "I also have a map and there is no reason why those barriers cannot be removed."

But resident Dave Heck noted that the old deed referred to roads that have since been renamed that might be subject to legal interpretation.  Both deeds refer to the right of way belonging to the Lehigh Valley, which was sold, then sold again before Norfolk Southern purchased it.


Councilman Bud Shattuck asked Town Attorney Guy Krogh if there are circumstances when a town can remove such barricades by declaring a safety hazard.  "The general concept is that a town does have certain emergency powers," Krogh said.  "But railroads are federally regulated.  So we wouldn't have that power against them.  The power the town does have is to use eminent domain to condemn a town crossing over railroad tracks."

Shattuck advocated removing the barriers now and sorting out the consequences later.  "I'm not willing to risk someone's life and property over a barricade over a railroad crossing," Shattuck said.  "I think life and property is worth a lot more than that barricade.  We should at least look into it.  There's historical presentence to this.  That crossing has been open for years.  To close it even after a year's notification doesn't make sense to me."

Pinney said the next step should be to contact State Senator Michael Nozzolio to see whether he has made any progress on the issue.  Last month Nozzolio met with residents to view the crossing and discuss the issue, and then met with Pinney, promising to contact him when he had progress to report.  At that time he said he wanted to partner with the Town and Fire District to make the case to the railroad.  "I am approaching this from a safety issue," he said.  To insure that emergency vehicles can serve that area of great citizens who pay a lot of property taxes.  I believe they deserve appropriate protection."


Pinney said that Nozzolio would have a lot more authority as a senator than the Town council would by itself.  He said he would call Nozzolio Thursday morning to coordinate their efforts.

"How in the world they would choose this one to close is beyond me," Desch said. " We all know there are many private crossings even on the east shore of the lake that are far more dangerous than this one."

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