For more than six years, New York State Department of Transportation has broken its promises to provide safe access to our lakefront property

After building a 12-foot high, 200-foot-long wall and destroying our stairway access to our docks on the east side of Saratoga Lake, NYSDOT has failed to honor its written commitments to restore what they took away.

History

Five years and six summer seasons later, we have been denied safe and direct access to enjoy and maintain our lakefront property

Spruce Ridge Association is a small, four-member, middle-class HOA. We are all retired. None of us have the expertise nor requisite skills to identify and negotiate with design-build contractors for a project of this complexity. In effect, the State is requiring us to be the project managers. It is an unfair and unreasonable expectation. (This challenge is self-evident when NYS DOT was unable to properly represent the work project to construct the replacement stairs, including traffic control and safety costs.) We have been handed off to no fewer than seven NYS DOT administrators.

Over these past five years, while responding in good faith all along the way, we have been subjected to:

Here is our story, and the reality is that this could happen to you.

We have engaged with NYSDOT in good faith for more than six years. They have denied and misled us at every turn. The Albany Times Union Editorial Board agrees with us. We have written letters to Governor Kathy Hochul and NYSDOT Commissioner Dominguez and their staffs. The only response from the State has been a repeat of its “best offer,” a woefully inadequate offer that misrepresents the reality of the cost and resources to replace the stairs it admittedly destroyed. Here is the State’s response

We have considered legal action. However taking on NYSDOT in the Court of Claims, which has jurisdiction over claims against a State entity, is simply beyond our means. Yes, it's a nominal fee to file, but imagine the task of taking on NYSDOT.

This is David and Goliath, and we are now pleading our case in the court of public opinion.

Here is our ask:

  • Sign our Change.org petition below
  • Contact Governor Kathy Hochul here
  • Share this site with your friends or anyone who might be interested in this property rights issue
  • Write letters of support to the Governor and Commissioner
  • Submit letters of support to the media
  • Submit letters of support to government officials and elected representatives
  • Contact information is below

Broken Promises

NYSDOT has made multiple written and spoken promises to restore our lake access, but has failed to honor their commitments for more than six years. Despite our good faith efforts to work with the State, we have been met with excuses and roadblocks at every turn.

Broken Promise #1

Right of Entry Document

"...the State shall be liable to the Owner for any damages caused by them as a result of entry..."

- New York State Department of Transportation
Office of Right of Way

Broken Promise #2

March 28, 2022

"...It is the State's legal obligation to make the interested parties whole by reestablishment of sufficient access to the lake. To that end, any/all reasonable costs associated with the reestablishment of access will be reimbursed."

- Regional Appraisal Manager & Liaison Officer
New York State Department of Transportation

Admission to our Claim

April 2020

"In regard to the existing stairs, they were removed and discarded when the retaining wall was constructed..."

- Real Estate Representative
New York State Department of Transportation

Media Coverage

Albany Times Union

We are grateful to reporter Wendy Liberatore and the Albany Times Union Editorial Board for their thorough coverage of this issue and for bringing public attention to NYSDOT's broken promises.

"They walked away. They destroyed our staircase, damaged our property, and then walked away."

- From the Times Union Editorial

Read Original Story by Wendy Liberatore (June 13, 2025) Read Editorial Board Opinion (June 19, 2025)

Letters to Officials

Members of our homeowners association have written directly to Governor Kathy Hochul and Commissioner Dominguez. Here are two of those letters:

Letter to Governor Kathy Hochul

June 24, 2025

I'm writing not only as a concerned homeowner, but as a lifelong New Yorker and sailor whose connection to our state's lakes runs deep.

I grew up sailing in the Finger Lakes, and from a young age I dreamed of one day owning a home where I could step outside, walk down to the water, and raise my sail. That dream became a reality when I moved to Saratoga Lake—until six years ago, when emergency DOT roadwork on Route 9P stripped away the very access that made that dream possible.

The construction, which included the erection of a retaining wall 12 foot high and 200 foot long. They also added a fence and eliminated staircases leading to the lake. Homeowners like myself, who once had direct access to enjoy the water, were suddenly cut off. For me, this wasn't just about property values or recreational inconvenience—it was a loss of something deeply personal and meaningful. My boat, now sidelined, has become a symbol of how quickly something cherished can be taken away.

Despite promises of compensation, the state's response has been far from just or timely. Offers have come in at a fraction of the cost it would take to restore what was lost. My neighbors and I have written letters, filed claims, and made every reasonable attempt to find a resolution—only to be met with delays, indifference, and silence.

This isn't about special treatment for lakeside homeowners. It's about the principle that when the state damages private property, it must make people whole again. We are not asking for favors; we are asking for fairness.

Governor, we are your constituents. We are New Yorkers who have built our lives around these lakes and communities. I ask you to ensure the DOT honors its commitment—not just in words, but in action. Please help restore our access, our sense of trust, and a bit of the joy that makes this state such a special place to call home.

Sincerely,
Charlie Murphy
Spruce Ridge Association

Letter to Governor Kathy Hochul and NYS DOT Commissioner Dominguez

June 24, 2025

Governor Hochul, Commissioner Dominguez, and Staff:

On June 19, the Albany Times Union printed an editorial: DOT Roadwork Leaves Steps Untaken. It's a pretty good headline. If your staff has not shared the piece with you, I've included a link and its full text in this letter.

When I was growing up, my father taught me some valuable life lessons (he was a proud state worker for his entire career). Two lessons in particular resonate with me in this moment:

If you break it, you fix it.
And, if you make a promise, you keep your promise.

I'm hoping each lesson will resonate with you as well.

Promises made, promises not kept

The Times Union's editorial does a good job summarizing a six-year long broken promise by the New York State Department of Transportation. (The one exception is the paper's assumption that anyone living on Saratoga Lake is presumed to be "affluent." I can promise you, I am not affluent. I am part of a small four-home HOA, all of us retired, most of us living on modest fixed incomes.)

At the crux of the issue is a spoken and written promise by DOT to replace and repair our dock stairs leading down to our shared lakefront property which the state destroyed when it repaired a failing roadway on Route 9P in 2019. The State claims it was an "emergency repair" – a dangerous road condition that continued to deteriorate over 10 years after being brought to the attention of DOT to now become an "emergency."

DOT can dance and claim one policy or code or another – which it has done for these six years – but the simple fact is we have done our very best to work with DOT to find a fair and equitable resolution. We have invited its various representatives (at least eight different staffers at last count) to multiple meetings, plus a stack of emails and letters – with the one constant being excuses and roadblocks at every turn. Pun intended. I believe they were slow-playing us, hoping we would just go away. Bluntly, we are not going away.

New York State Department of Transportation has failed

As taxpayers, we are disappointed: we maintain the State has been irresponsible and unprofessional. We took the State's word, in good faith, that they would replace our stairs it destroyed, and repair the damage to our docks when it took the stairs away. That is all we are asking: a fair and equitable resolution. We are asking the State to keep its written promise, to fix what it broke.

Yet here we are: a last resort after all other appeals have failed, seeking resolution through the court of public opinion, and writing to you, the Governor of New York and the DOT Commissioner because NYS DOT has failed.

I mentioned earlier that I am one of the homeowners who is retired. I bought my small bungalow where I now live in anticipation of retiring and enjoying the simple pleasures of kayaking across the smooth early morning water, or sitting on our dock and experiencing the simple exhilaration of a sunset across the way. Mother Nature at her best.

We acted in good faith. We are all hoping you can help restore our faith by doing the right thing.

Another life lesson: do the right thing, for the right reasons.

I look forward to your response. We would be happy to meet and answer any questions you or your staff may have. We would be even happier if you could expedite access to our lake front property.

Thank you in advance for your consideration.

Peter Hopper
Spruce Ridge Association HOA, President

How You Can Help

Your voice matters. Here's how you can support our cause for fair treatment:

Write to the Governor

Governor Kathy Hochul
NYS State Capitol Building
Albany, NY 12224

Email Governor

Email: info@governor.ny.gov

Contact NYSDOT

Commissioner Marie Therese Dominguez
50 Wolf Road
Albany, NY 12232

Email Commissioner

Email: commissioner@dot.ny.gov

Contact James Tedisco

New York State Senetor James Tedisco
Legislative Office Building
Room 515
Albany, NY 12247


Email Senator Tedisco

Email: tedisco@nysenate.gov

Contact Carrie Woerner

NY Assembly District 113
112 Spring St, Suit 205
Saratoga Springs, NY 12866

Email Carrie Woerner

Email: mailto:woerner@NYAssembly.gov

Contact Elise Stefanik

NY Congressional District 21
12 Spring Street
Schuylerville, NY 12871

Contact Elise Stefanik

Contact Paul Tonko

NY Congressional District 20
453 Broadway
Saratoga Springs, NY 12866

Contact Paul Tonko

Sign Our Petition

Demand Action from NYSDOT

Join others who support our cause. Add your voice to demand that New York State honor its promises and restore our lake access.

Sign the Petition on Change.org

Every signature helps put pressure on NYSDOT and Governor Hochul to do the right thing.

Why Sign?

  • NYSDOT destroyed our stairs and promised in writing to replace them
  • Six years later, we still have no lake access
  • This sets a dangerous precedent for all property owners
  • Your signature shows elected officials that New Yorkers demand accountability

Share This Story

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Timeline of Events

15+ Years Ago

Route 9P deterioration first raised with NYSDOT but not prioritized

April 2018

Engaged Assemblywoman Carrie Woerner with evidence of imminent road collapse

2019

NYSDOT determines deterioration requires emergency repairs and larger scope

May 2019

Construction begins on 12-foot high, 200-foot long retaining wall

2019-2020

Our stairs removed and destroyed; promises made for replacement

December 2024

State officially provides misleading cost of reconstruction

June 2025

Albany Times Union Editorial supports our position; letters to Governor and NYSDOT Commissioner seeking help

Today

Six summers without safe and direct access to our lakefront property; seeking public support

Contact Us

For more information or to share your support:

Spruce Ridge Association HOA

Peter Hopper, President
43 Spruce Ridge
Saratoga Springs, NY 12866
Email: petermhopper@outlook.com

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