The Peru Gazette

Fairway Drive at the intersection of Northwood Avenue

By John T. Ryan

Peru – September, 2016 marked the end of a long-running, costly legal dispute between the Town of Peru and Henry and Kevin Dashnaw, owners of Adirondack Golf and Country Club. In a Clinton County Supreme Court Agreement the parties agreed that Fairway Drive, which is adjacent to the Dashnaw’s Adirondack Golf and Country Club, will become a town road seven years from the date of the agreement or when the 19 lots adjacent to Fairway Drive reach a collective assessed value of $1,908,396.95. Until such time the Town will maintain the road in its current condition at its own cost from April 1 to November 30 and Dashnaws will maintain the road in its current condition at their own cost from December 1 to March 31. The Town is not compelled to make any improvements to the road either before or after it becomes a town road; however, nothing in the agreement precludes any future owners of the adjacent lots from petitioning or compelling the Town under Article 12 of the Town Law to perform its duties with respect to the road as mandated by law after it becomes a town road. The Town also will not deny any building permits based on the lack of road frontage.

The ownership, construction and maintenance of the road has a long and complicated history. A 0.2 mile portion of the road was paved many years ago, while the portion adjacent to the 19 lots is unpaved. The Dashnaws contend that prior to construction of the Adirondack Northway Fairway Drive was part of the Brand Hollow Road and the Town recognized it as such when they submitted their subdivision plan in about 1990. At that time the Town paved roads in a development. Since then the practice has changed. Today, a developer must construct a road to town standards and then pass title to the town. Town Supervisor Peter Glushko said, “If we built a road for the Dashnaws, we’d have to do the same for every developer. We can no longer do that. It’s just too expensive.” The Dashnaw’s attorney stated it would cost about $200,000 to bring the road up to code.

After being denied building permits based on a lack of road frontage, the Dashnaws initiated legal action in 2011. Several court rulings and appeals followed. Last March, the Clinton County Supreme Court ordered the parties to prepare for trial. Faced with more legal expenses, the parties reached an agreement.

Kevin Dashnaw told the Peru Gazette that he and his father have incurred about $100,000 in legal fees while the Town’s legal expenses total $94,012.92. The Dashnaws will not be denied building permits based on a lack of road frontage and the Town does not contemplate having to bear the cost of paving the road. Town Supervisor Peter Glushko commented, “I said build your homes, but we will never pave that road.”

Click here to review Settlement Agreement.

Click here to view Order to prepare for Trial

Fairway Drive – Rock Road intersection