Who pays? Tuxedo fire exposes $500K road dispute with state
The Tuxedo Heights condo association says last week’s fire highlighted the importance of a closed emergency access road. But a dispute continues with New York state over who is responsible for repairs estimated at more than $500,000.
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Ten days after a devastating fire displaced eight families at the Tuxedo Heights Condominium Complex, a growing dispute over a damaged access road is taking center stage.
The condo association says the fire underscored the importance of reopening Old Mill Road, a secondary access point into the community that has been closed since part of a culvert and retaining wall collapsed into a nearby stream following severe winter weather earlier this year.
Association President Matthew Quezada says the issue extends far beyond infrastructure.
“We’re at a point where we’re being choked out,” Quezada told News 12. “We’re a middle-class community here. We are already struggling with assessments that we’re doing.”
The association says Old Mill Road is the most direct route into the 98-unit condominium complex, home to more than 200 residents.
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According to Quezada, when firefighters responding to last week’s blaze found the road closed, large fire trucks and water tankers had to approach from another entrance and make a sharp 180-degree turn before continuing to the burning building.
“Heart attack, stroke… this is the direct access,” Quezada said, adding he believes the fire reinforced why the road should be repaired before another emergency.
During a walkthrough with News 12, Quezada pointed to broken sections of concrete beneath the bridge and said engineers estimate repairs could cost more than $500,000.
The association says it cannot afford that expense, particularly after last week’s fire destroyed eight condominium units.
At the center of the dispute is a decades-old easement agreement.
According to the association, the agreement required the condo complex to build the culvert bridge when the development was constructed more than 50 years ago. However, Quezada says the document does not clearly state who is responsible for maintaining the structure.
“The information I have, it doesn’t say anything about maintenance,” he said.
The association says Old Mill Road is a public road on state-owned property and believes the Palisades Interstate Park Commission should be responsible for maintaining the bridge.
The Palisades Interstate Park Commission disagrees.
In a statement to News 12, the commission said the agreement requires the easement holder to maintain the road, bridge and surrounding area until the roadway is formally dedicated as a public road. The commission says that dedication never occurred and therefore believes the responsibility for maintaining the bridge remains with the condominium association.
State Sen. James Skoufis’ office says it has been working with the condo association, the Palisades Interstate Park Commission and the Town of Tuxedo since May to help determine responsibility for the road and find a solution.
The office also says it has been in contact with families displaced by last week’s fire to help connect them with available resources and support.
Quezada says the deed filed with Orange County lists the road as a public street and hopes the fire serves as a turning point in ongoing discussions.
"It's always been their land. If it's not a public street, why is the public allowed to park there to hike, hunt and bike in Sterling Forest State Park?"
“Humanity… lives are at stake. Let’s figure it out. Let’s work on a plan and execute it.”
News 12 has also reached out to the Tuxedo Fire Department, Tuxedo Town Supervisor David McMillen and other state and local officials for additional information about the road and its role in last week’s fire response. As of publication, those requests had not been returned.
