NORWICH – As of today, rail service on the roughly 41 miles of track through Chenango County between Chenango Forks and Sherburne is no more.
In a petition filed with the Surface Transportation Board in August, the New York Susquehanna and Western Railroad expressed its intention of discontinuing service along the section of the Utica Branch Line, which had been damaged by flooding in 2006. The STB acknowledged this filing in an Aug. 29 ruling. The date of the planned discontinuance was today, Oct. 1.
Despite earlier efforts by both the New York Department of Transportation and the Chenango County Industrial Development Agency to encourage the STB to stay or reject the NYS&W petition, the discontinuance of service will go into effect without contest as both organizations withdrew their objections in the eleventh hour.
The petitions were withdrawn after the NYS&W agreed to make certain concessions to NYSDOT and the IDA. The terms of the agreement were negotiated in a conference call last week in which representatives from the NYS&W, NYSDOT, IDA and Empire Development participated.
In a letter following the call, NYS&W president Nathan Fenno thanked IDA Executive Director Maureen Carpenter and NYSDOT Deputy Commissioner Karen Rae for their willingness to participate in the discussion.
“In that spirit of cooperation, NYS&W is prepared to commit to forego seeking abandonment authority for at least 12 months, and to give both NYSDOT and Chenango County IDA not less than 60 days advance notice of any such filing,” stated Fenno. These concessions were contingent on both the withdrawal of the petitions and a promise from the IDA to keep the railroad’s PILOT agreement in place for that 12 month period.
He continued that this “withdrawal of opposition would maintain the status quo and allow all involved to direct their attentions to cooperative efforts to attract new customers to the line.”
Following the meeting, Rae indicated by letter that the NYSDOT would be willing to withdraw its petition if the IDA also agreed to do so.
Carpenter said she felt compelled to agree with the proposal after Fenno suggested it would cost the railroad the same to seek abandonment of the line as discontinuance of service.
At stake for the IDA are businesses currently looking at sites that would require rail service. The NYS&W has indicated to Carpenter that they would be able to reopen the southern portion of the closed track as far North as Greene to accommodate one of these prospects. They also stated a willingness to repair and restore track between Sherburne and North Norwich to service a business looking at the P&G facility at Woods Corners. This extension could also service needs of Kerry Bio-Science.
According to Carpenter, the NYSDOT has said that they will look at finding funding for restoration of the rails in increments.
Both NYSDOT and the IDA have a vested interest in the rail. Based on the terms of several contractual agreements with NYS&W, NYSDOT holds title to equipment installed along the line. The IDA holds title to both the railroad property and right of way through Chenango County as stipulated by the NYS&W’s Payment in Lieu of Taxes (PILOT) agreement.
Carpenter said she does not feel that the IDA’s efforts were in vain and that reaching an amicable agreement was in the benefit of all parties involved.
“We took the steps we needed to, to get the attention of the railroad, DOT and the STB,” said Carpenter. “Chenango County wants to continue to have rail service.”
The IDA decision to withdraw the petition was made by unanimous vote in a special meeting held yesterday. In her letter to the STB, Carpenter stated her support of that agreement.
“We are confident that we can work in cooperation with the railroad to find a future use for this line that will benefit to NYS&W as well as our community,” she wrote.