On January 7, 2019, the Town of Sweden received a letter from the New York State Department of Transportation confirming that DOT agreed that traffic volumes on Route 31 were substantial and indicating that the town might desire to have a signalized exit/entrance from Sweden Village onto Route 31 which, could be accomplished by extending Gary Drive to the Walmart signal.
An extension of Gary Drive to Route 31 would necessarily cross a small piece of property owned by the Baltz family. The property had been for sale for many years, an indication that the Baltz family had no intention of retaining the property for its own use. In fact, the Baltz properties were marketed as having great development potential.
In January 2020, the Town learned of a grant opportunity for development of Town roads to benefit the public interest and that a contemplated Gary Drive extension to Route 31 would be within the scope of projects for which grant money would be available. Supervisor Kevin Johnson, and the Deputy Supervisor at the time, met with a representative of the Baltz family on January 7, 2020, to discuss an easement across the property.
The representative subsequently reported back that the Baltz family was agreeable to granting an easement, that the family recognized the added value that would be brought to their property with a signalized access point and that they were not requesting compensation for the easement. We asked the representative to have the Baltz’s put this in writing so we could be certain of their intent.
On February 7, 2020, all of the Baltz property owners, Anne Baltz, Margaret Baltz, Fletcher Baltz, and Elizabeth Nash signed a written statement they prepared that read: “The Town of Sweden has contacted us as the owners of the property on Brockport Spencerport Road, tax account number 084.01-1-25.115, for the purpose of acquiring a right-of-way through our property from the current east end of Gary Drive approximately 200 feet to Brockport Spencerport Road. The purpose of the right-of-way would be the construction of the extension of Gary Drive, including appropriate drainage features and a sidewalk, to Brockport Spencerport Road. It is our intention to grant the right-of-way as soon as the legal documents are prepared.”
There was no request for payment, no request to enter negotiations. It was a simple and direct promise: we will sign as soon as the Town is ready.
The Town, relying on the written affirmation of the four property owners and statements by the Baltz family representative, submitted the grant application on February 12, 2020. The application included a copy of the Baltz’s written intention to grant the easement.
The Town deliberately chose not to complete the easement paperwork until:
1. the grant was awarded;
2. public input was gathered from Sweden Village residents;
3. engineers determined the exact placement of the roadway in conjunction with the NYS DOT.
In May 2020, the Town was awarded a grant in the amount of $175,500 for the Gary Drive extension. Sweden Village residents were surveyed in July 2020, a public meeting was held in August 2020, a traffic study and an in-depth environmental review was completed in the fall of 2020, an appraisal and survey of the property were done in 2021, and plans were submitted to the NYS DOT for review.
Why are we beginning Eminent Domain proceedings?
One or more of the Baltz’s have determined, for whatever reason, to not sign the easement. The Baltz’s have never formally withdrawn the offer to sign the easement and have not indicated to the Town why they are not proceeding to sign and deliver it to the Town; the property is still for sale meaning the Baltzs’ are still willing to transfer ownership of all their property; they have never made a demand of the Town for payment of any money for the needed easement and right of way. But the fact that the Town has not received a signed easement and right of way agreement and has no current expectation of receiving one obstructs the Town’s ability to proceed with the project.
We know that safety on Route 31 between Owens Road and Route 19 is a serious public safety concern. The NYS DOT and the Town Engineer have made it clear that the Gary Drive extension is the safest, most efficient way to provide a traffic light-controlled entrance/exit to Route 31 from Sweden Village. The residents of Sweden Village are overwhelmingly in support of the Gary Drive extension. Understandably, the opposition to the project is largely limited to the owners of those homes most directly impacted by the extension.
The Town has an extraordinarily unique opportunity to improve safety at very little cost to Sweden taxpayers. The DOT has willingly absorbed the largest share of the project cost into its Route 31 Improvement Project budget. That is unheard of and it is a reflection of how important the State DOT believes the Gary Drive extension is. Monroe County awarded the largest 2020 Community Development Block Grant funding to this project. That is how important the Monroe County Department of Planning and Development believes the Gary Drive extension is.
The Town Board has studied this project from every perspective at great length and is going forward. It is the right thing to do for public safety. It is the will of the people. There is no alternative that achieves the level of public safety that the Gary Drive extension provides for as little cost to the Sweden taxpayer. The traffic studies performed support this solution to the public safety concerns as the best alternative.
The NYS DOT is going forward with its improvements to Route 31 in this area. The improvements include acquiring a small piece of this same Baltz property. We have been told that New York State will make an offer for the very small piece of land it needs. We have been told that if the Baltz family rejects the offer, New York State will also proceed with Eminent Domain.
No Eminent Domain proceedings would be needed if the Baltz family were to deliver the easement and right of way agreement to the Town as they originally promised they would. Even if the Baltz’s had subsequently requested a reasonable dollar payment for delivery the easement and right of way agreement, the Town would have considered it.
The Sweden Town Board is committed to completing the Gary Drive extension. We will improve access to Route 31 for Sweden Village residents. We will improve traffic safety in this area of Route 31. We will not break our promise to Sweden Village or compromise the public safety of all our residents.
Sweden Town Board
