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Shokan History Mystery

“According to our regulations, stone walls, streams, any significant physical features should appear on the map given to the board,” Minow explains. “That’s my question to the town- shouldn’t it be on there? It’s not something that we’ve come across on this planning board. We have seen burial plots on maps, of course. But nothing is there and, from what I understand, they’ve already moved (the stones). I haven’t gotten an answer yet.”
Nancy Fallon, who now lives in the home Minew used to own on Route 28 near Bostock Road, noticed the headstones propped against a tree while a house at the site was being renovated. When a Realtor’s open house was in progress and Fallon noticed them missing, she asked what had become of them.
“Oh, you know about those?” Fallon reports the Realtor as responding- “The owners didn’t want anyone to think they were buying a house next to a cemetery, so they disposed of them.” Fallon later discovered them in the bushes on property between the two houses.
One headstone fragment reads: “-er L. Dubois Died August 21st 1858” with further undeciphered inscription below. Another seems to read: “Clarissa Goodwin, Wife of Peter L. Dubois, Died Aug. 2, 1898, Aged 93 years, 4 months and 15 days.” Another possible half of a headstone (although it could be the bottom of Peter’s) is visible from Longyear Road, according to Fallon.
“I believe that those bodies are still in there,” Fallon said.
If so, that might complicate matters for “Artcraft”, the entity seeking to subdivide the land and who could not be located in time for this report.
Officer Dawn Biers of the Olive Police Department said she was unaware of any violation of law at the site and referred all further questions to town supervisor Brendt Leifeld.
“The advice that I got was to tell the planning board that the builder has to clarify whether there’s a bona fide cemetery there or not- or if there’s people in there- when he comes in for his public hearing (on June 27th),” Leifeld said. He added that he didn’t believe any actual graves were moved. “They just pulled the stones out and laid them by the side of the road or something. I have no idea but that’s what it looks like. I don’t know beans but I’m sure you can’t just rip up gravestones without some sort of formality. But, it could be a family plot, which has different implications, I’m told.”
Woven over age-old religious codes and customs regarding human burial, consecrated ground and other such matters, contradiction and ambiguity abound in regulations concerning a wide variance of circumstances around public and private burial plots. Although there are some general consistencies, laws concerning the disturbance of grave sites vary widely from state to state and even from place to place within the same state.
In most states there are statutes making it a criminal offense to deface or remove tombstones even in discontinued cemetery sites. There are laws against “forging, mutilating, destroying or concealing registers of burials.” Opening graves without going through formal channels is a felony.
The Laws, Rules and Regulations of the New York State Cemetery Board contain a number of contradictory positions that focus primarily on incorporated cemeteries. “Streets or highways cannot be laid out through certain cemetery lands” without application to local rural cemetery associations, for instance, but state legislatures can delegate authority to remove human remains without resort to eminent domain proceedings. Since parts of the original property containing the headstones lay on both sides of Route 28, a question may arise as to whether the highway was built through an old cemetery site.
This was the case in Portsmouth, New Hampshire, a few years ago, when workers digging under a street encountered around 200 coffins which turned out to be an unrecorded graveyard for slaves not buried on their owner’s land. In this case, the city voted to build a memorial at the site.
With development steadily eating its way through rural areas, the question of old graves and cemeteries, as well as liability to unnotified relatives of anyone disinterred is increasingly common but such links to the past are not always seen as a problem. Some developers leave grave sites undisturbed, grading around them and erecting retaining walls, even when the engravings are so old that the names have weathered away. Last year, the Montgomery Advertiser reported that an Alabama man who bought 300 acres for residential development decided to incorporate a family graveyard rather than moving it because he felt it added character and personality to the landscape.
In Olive, like elsewhere, small family cemeteries were once far more common than appreciated today. But Olive (and Hurley) can also claim the special circumstance of having nine villages, including Brodhead, Brown’s Station and Ashton, removed or relocated to make way for a reservoir to serve New York City’s water needs. Of 2,720 bodies recorded as having been removed from burial plots during the reservoir’s construction, 368 remained unknown or unclaimed between 1909 and 1911. According to Bob Steuding’s history of the reservoir, The Last of the Homemade Dams, the City’s Board of Water Supply offered $15 for each friend or relative residents cared to remove on their own and $3 per headstone.
Some 81 bodies were reinterred in Burgher Cemetery at the head of Watson Hollow and others went elsewhere but, seemingly, the City then misplaced the records of who went where. Apparently, many of the original headstones were simply discarded. Hence, the question: could the Dubois’ headstones be merely grave markers carried to their present site without the bodies they refer to?
This is a legitimate question and, when a record of Peter and Clarissa Dubois at New Jefferson Cemetery in Greene County was discovered during the research for this article, it seemed a promising lead. Attempts to trace the couple through the many comprehensive volumes of “The American Descendants of Chretien Dubois” were fruitless and a Greene County removal loomed as somewhat unlikely. The fact that the markers for a husband and wife were discovered at the site also seemed to argue against the stones turning up where they did randomly. So did the fact that the New Jefferson records had birth years for Peter Dubois and Clarissa but blank spots for dates of death.
An E-mail from Sylvia Hasenkopf of the Greene County website ‘Tracing Your Roots’ agrees.
“I would hazard a guess that the two are buried in Olive, as the death dates are, indeed, given on the tombstone(s),” Hasenkopf points out, noting that “whoever put up the New Jefferson stone didn’t know when they died.”
The New Jefferson stone reads:
Peter L. Dubois 1802-
Clarissa Dubois 1805- w/o Peter L. (Nee GOODWIN)
Cornelius Dubois 18 Feb 1837- 21 Aug. 1913
Adelaide J. Dubois 3 Jul 1849- 26 Feb 1931 w/o Cornelius (nee GOODWIN)
James Dubois d. 19 Jun 1913 in San Francisco, CA, Age 87y Born Palenville, NY pioneer of that state.
“I am not certain, actually, that these names are all on one tombstone (I have not yet personally transcribed the New Jefferson Cemetery), but it does appear likely,” Hasenkopf concludes. “It was fairly common, especially in the late 1800’s and early 1900’s, to list whole families on one tombstone, even if not all persons were buried in that plot.”
So, the mystery remains as to whether Peter and Clarissa Dubois’ remains are still at the site. The primary conclusion, in glancing back at the history of our graveyards and the trend to new development, seems to be that “Eternal Rest” doesn’t last forever.


 A Preservational Patriot
When asked what he can remember of his first trip into either Olive or Shandaken, Hinchey laughs. He says it’s difficult to discern the exact moment.
“I was reading about the Catskills before I ever got here, in Irving and Cooper,” he says of the 19th century’s two great American authors. “It seems I’ve been coming into them my whole life.”
Hinchey was born in New York City 68 years ago, but grew up in Saugerties, where he graduated high school before going on to SUNY New Paltz and eventually, after stints working the cement factories that used to line the Hudson in his youth, a career in politics as a Democratic winner in stolidly Republican districts. And a solidly old-style liberal Democrat at that.
How perfect, we note at some point in our recent talk, he driving, that Hinchey would end up being our state’s only representative on the Congressional commission that created the new FDR memorial in our nation’s capital.
“The Catskills have a mystique and wonderment to them that’s just marvelous,” Hinchey says, after having received a “Steward of the Catskills” award from the Catskill Preservation Corporation, the organization of leading regional and national environmental groups that came together two years ago to fight the mega-development proposed for the region’s central high peaks area by Crossroads Ventures. “They represent the most important watershed in the world, as well as one of the key protected park areas in our nation.”
The congressman jokes about getting legislation passed to fight the current infestations of tent caterpillars that have denuded many of the region’s richest forests for the second summer in a row. But then he grows more serious… talking stewardship issues.
“By the middle of this century, water issues will be a dominant concern. This reservoir system, which now serves 9 million, will be key to the lives of 15 million people as the Long Island aquifers decline,” he says. “It’s important that this are be protected.”
Do others in Congress understand the importance of Hinchey’s mission, which has ruled his political life since joining the state Assembly as Ulster County’s first Democratic representative in three quarters of a century back in 1975?
“I don’t think they do,” the Congressman replies. But not for his trying… explaining that, no matter a growing reliance on filtration systems around the world, the need for something more.
Should New York City ever be forced to pay upwards of $10 billion to filter its water, he notes, the cost will end up effecting the economy of the entire U.S. Especially with the likelihood of the City then having to choke up $500 million a year in maintenance costs.
Hinchey, who has served on the House of Representatives powerful Banking and Appropriations committees for years, keeping an eye on the way money moves in the nation, and helping bring federal aid to our region with regularity, says more, not less, should be done to aid the protection of the Catskills and its watershed resource.
Has the area changed over the years, we ask? The Congressman talks of having pulled together a commission to study the region’s importance back in the 1970s, and being threatened by old school politicians in Delaware County as a result.
“Of course, I never did stop,” he said of those threats, and what they wanted of him.
So what issues does Hinchey feel are key to we Americans of the Catskills this July 4 weekend?
“We’re involved in a very different world from what I grew up in, what so many of us came to expect,” he says. “Our populations are growing, nationally and on a global scale, creating a new need for all of us to protect the natural resources key to life. It’s absolutely imperative that we protect our water supplies. As important as anything having to do with energy.”
The Representative, who lives in Hurley, ads that he’s found the current Congress lax, to the point of antagonism, at protecting the rural values he feels are key to America’s independence. He’s trying to fight a move, being pushed through government, to consolidate the dairy industry within three giant corporations. He’s doing what he can to protect what remains of small farms, in his district and across the country.
“More and more, things have been dominated by corporate interests. That’s not good for our future,” Hinchey says. “On this weekend we should remember the author of our Declaration of Independence, Thomas Jefferson. There’s a guy with vision who knew how important it was to protect rural America. And what he warned about is happening.”
Any message for the readers of these papers?
“I think the quality of life in these communities is good and needs protection,” he said. “Remember: development is good only if it’s responsible.”


Don’t Gamble On Gambling

Yet the ten in attendance took the opportunity to work out strategies to keep gambling’s chances at entering the central Catskills at their current minimal level, and spoke a great deal about developments elsewhere in Ulster County, including a controversial proposal aimed at the Woodstock 94 Winston Farm site in Saugerties and an all-but-forgotten deal with the Oklahoma-based Modoc Tribe, for a casino near Ellenville, brokered by then Legislative Chairman Ward Todd six years ago.
The Olive event was sponsored by the Catskill Heritage Alliance, which has sought to allay regional fears that major developments pegged for the central Catskills not be opened to possible gambling in future decades.
According to reports brought forth at the Open Forum, prospects now appear remote that the Seneca Cayugas of Oklahoma and their partner, billionaire mall-developer Thomas Wilmot of Rochester, will be building anything in Saugerties, now or in the foreseeable future. On May 15, the US Supreme Court refused to hear an appeal of a lower court’s dismissal of the tribe’s lands claim case, effectively dealing a fatal blow to any future casino business in the state for them.
A spokesman for the Schaller family which owns the property, however, was quick to point out “that doesn’t preclude us from talking to other tribes.”
A local accent to such talks is being lent to the venture by Al Spada, the former GOP County Clerk of 39 years who is now working part-time as a lobbyist for the Seneca-Cayuga-Wilmot tribe, as some have started calling the developmental entity seeking to push through its plans despite growing local opposition..
Also still a possibility is a prospective though somewhat mysterious reputed bid… for another possible casino site at the former IBM recreational facility on old Route 32 in the Town of Ulster. Options on that property and adjoining ones are reportedly held by the Oneidas.
Countywide, casino prospects have dimmed considerably since last year’s “home rule” resolution ruling them out in any towns which oppose them. In Saugerties both the village and town boards unanimously did just that, and prospects seem little different in the town of Ulster… even though such resolutions hold no force against tribal claims, per U.S. law.
Aas if to counter such opposition, the Pataki administration took its most aggressive position ever last week, promising full support and asking the federal Bureau of Indian Affairs to expedite its review of all current tribal claims in the state, including the backing of a plan by the St. Regis-Mohawk tribe to bring gaming to the Catskill’s doorstep.
The project, a joint venture between the tribe and Empire Resorts, would convert about 30 acres at the Monticello Raceway into a “sovereign nation.”
The site appears to be the only potential one in New York that could actually obtain federal and state approvals before Pataki leaves office next January.
“The Governor strongly supports the tribe’s efforts to build a casino at the raceway site,” wrote Pataki’s Assistant Counsel and chief gaming advisor Greg Allen, in a letter to federal regulators last week. “I respectfully urge the BIA to expedite its review process and promptly notify this office once the potential environmental impacts have been satisfactorily addressed.”
“We’ll do what we have to do to get it done” added the Governor’s spokesman Saleem Cheeks.
Pataki’s advocacy appears to extend to the adoption of an expedited environmental assessment completed in the late 90’s for an earlier but similar project on the site. That study, accepted by the BIA in April, 2000, determined it would have “no unmitigated significant impacts” on the community despite a projected increase in traffic of 5.9 million vehicles per year.
Local groups opposed to the casino say the old data is of little value and highly misleading in the current economic climate, and that an up-to-date Environmental Impact Statement should be required.
“Sullivan County has turned around dramatically in the years since those studies were done,” said David Colavita, president of CasinoFree Sullivan County, a grassroots coalition opposed to the project which local anti-casino forces has been paying close attention to. “Every economic indicator is up significantly post 9-11. And we know from our recently completed county Master Plan that casino development ranks at the bottom of the list for preferred economic development choices here. But the Governor is more interested in shoehorning a casino into Sullivan County than he is in the interests of the people who live here.”
Ultimately the decision as to what constitutes an acceptable environmental review rests with the BIA’s regulators. In April, the agency had asked
the tribe for additional information: “We’re very close to responding to (that request) said Charlie Degiomini, a spokesman for Empire Resorts. “We’re just about there.”
A decision is now expected from the BIA within days or weeks.
The governor’s move in support of the project was almost immediately followed by an unannounced vote of Sullivan County’s 9-person legislature, accepting a newly negotiated $15 million/year payment-in-lieu-of-taxes agreement with the St. Regis Mohawks. Should the BIA find in favor of the casino, Pataki would need to declare his agreement with their “no unmitigated significant impact” assessment, after which the BIA would issue a final land trust agreement permitting construction to begin.
“I can’t get excited about (Pataki’s letter to the BIA)” said state Sen, John Bonacic, whose district includes the site, as well as our own Central Catskills region, and who was once supportive of up to three casinos in the region before starting to show a change of heart in recent years. “We’ve been down this road before, several times in fact.”
Stay tuned…


The Skinny On Caterpillars

For those in attendance from Ulster County, the scene seemed old hat at first. After all, it was only last summer that people in the Phoenicia area were talking about the infestation of Forest Tent Caterpillars and Gypsy Moths, which essentially denuded a majority of trees up and down the Route 28 corridor through the season’s early half, as the third of several plagues that had hit the Town of Shandaken (the others being fire and flood).
So they were getting what Ulster had already got. Haha.
Turns out, though, that the happily-chomping tent caterpillars do their thing in an area for two to three years before naturally dying out for a decade or so. And what had seemed passé in Phoenicia in late May is actually mid-stream… and moving fast eastwards into Woodstock and even Kingston.
“We’re telling people to sit tight,” said Horticulture Educator Teresa Rusinek of the county’s Cornell Cooperative Extension office, who has been fielding calls from concerned homeowners along with Community Horticulture Coordinator Donna Crawford. “They’ve already done their worst damage and should be finished in the next couple of weeks. At this point the caterpillars are getting ready to pupate and turn into moths.”
Rusilek added that she and Crawford had received a majority of calls from Phoenicia and Kingston, where the pests were even hitting “street trees.” She noted that the number of omplaints from Woodstock, other than its Western half, has been on a par with what she’s heard from Gardiner. Where she lives, near Marlboro, has seen nothing. Same with New Paltz.
We asked her about rumors, largely from Woodstock, that the state Department of Environmental Conservation might have released black flies to combat the plague of caterpillars. Or maybe even sprayed.
“They might have done that in the past, but no anymore.” Rusilek replied, “I’ve heard those stories… Besides, the rule is that the bigger the caterpillar gets, the harder it is to spray.”
Tom DiCillo, the man in charge of pesticides at regional DEC headquarters in New Paltz, said his department would never do any spraying any more, and haven’t done any since 1980.
“It’s just too controversial,” he noted.
As for the release of flies to combat the caterpillars, he said he’d “not heard that one” and referred such inquiries to his agency’s forestry division.
They were all in the field all week but a look online found an extensive report on caterpillar infestations from last summer.
“Forest Tent Caterpillar (Malacosoma disstria) is a native insect found in hardwood forests throughout North America and is especially abundant in eastern North America,” reads the official description at the start of Naja Kraus’ 2006 page-turner, “NYS DEC Forest Tent Caterpillar Defoliator Report 2005.” “In New York they prefer to eat sugar maple, aspen, cherry, apple, oaks, birch, ash, alder, elm and basswood. They never eat red maple, sycamore and conifers.”
The report notes how the caterpillars live for five to six weeks from early Spring through June. They spend three weeks in cocoons (never tent-shaped, as one might expect. Those are gypsy moths, which like oak tress for nourishment and living space.) Then five days as a moth, in July, before laying eggs that then lie dormant for ten months before the cycle starts again.
They don’t like to nest in the trees they’ve eaten down to bark.
Outbreaks “are episodic and may last two to nine years,” although ten year intervals seem the norm, with bad batches seen in 1887, 1896-1901, 1923 and 24, 1935-1940, 1951-55, 1980 to 1982, and 1991-1993. At their worst, in the 1950s, they damaged a total 15 million acres of forest in the northern part of the state.
Defoliation, the report says, can be severe but rarely mortal, although tree harvesting (chopping them down) is not recommended until a caterpillar scourge is well past. Too much cutting can take away natural predators. Natural factors leading to “outbreak collapse,” it is noted, are similar to the ways in which gypsy moth outbreaks stopped in the last ten years. For those wishing to spray privately, it is suggested, the cost for the bacterium Bacillus thuringiensis (Bt) runs to about $25 an acre. Bt, first discovered in 1911, is considered safe to people and non-target species, such as wildlife, and acts by producing proteins (delta-endotoxin, the “toxic crystal”) that react with the cells of the gut lining of susceptible insects. These Bt proteins paralyze the digestive system, and the infected insect stops feeding within hours. Bt-affected insects generally die from starvation, which can take several days. Shandaken Supervisor Robert Cross Jr. recently told those gathered at one of his town board meetings that he had had the foresight to order 10 cases of the stuff, which the town would sell to residents at cost… directly out of Cross’ office. “We’re down to two cases, but we’re trying to order more,” Cross said. In a press release from the Catskill Forest Association announcing its recent presentation titled “Caterpillar Killers?” at Belleayre Mountain’s Overlook Lodge, it was noted that, “There are several management strategies to control the numbers of caterpillars, ranging in intensity from physical removal (squish!), to large-scale aerial spraying (cha ching!). Around your home, you can scrape the cocoons from sheltered areas of your porch or siding. By the end of July, look for egg masses and remove them too.”
We looked through several appendix pages to the DEC report and found an item about a natural predator that increased as tent caterpillar populations increased…
“Sarcophaga aldrichi (superficially resembling a large housefly) can be so abundant that it is almost as much of a nuisance as the caterpillar,” the report reads. “The adult fly oviposits on the cocoon of a FTC and the maggot burrows into the pupa reducing the FTC pupa to a liquefied mass upon which the maggot feeds. The population of the fly increases during successive outbreaks and is often very abundant in the year before an FTC population collapse.”
Good news, we guess. But… eeeewwww!
Also drawn by the caterpillars, it seems, are a number of birds that will flock to an area defoliated by the little critters.
“Some eat only the insides,’ it says of sapsuckers, cuckoos and woodpeckers, which have also been reported as on the increase… not coincidentally, it appears.
There have been other reports, in sporting columns from the west and south of us, of fisherfolk making flies resembling tent caterpillars, or actually using the little buggers themselves, to catch trout and whatever else swims in local streams.
“We’re hoping this is the last year,” Rusinek said from Cornell Extension offices. “People have been seeing a lot of dead caterpillars. There have also been new reports of caterpillar beetles, these big black bugs that eat the caterpillars, coming in.”
She said she’d heard of some private spraying, especially involving large tracts of land in the Big Indian/Highmount area. And Woodstock.
But she’s just counting time until it’s all over, at least for now.
“You get an all clear for eight years and then…” she started saying, her voice trailing off where the Whammo would be.. “That’s nature for you. Sometimes you just have to let it run its course.”


A Jar Of Olives...

A Drippy Ice Cream Cone
Joe Stein addressed us reciting the Gettysburgh Address with a modern day message. Jack Molloy led us in prayer, and Taps was played. Ed Baldyga resonated the most beautiful rendition of “America” that I have ever heard. Then it was hotdogs and soda in the pavilion cooked by Stork Muller. One half hour produced the gamut of emotions: tears for the fallen soldiers, pride for our troops and anthems, a lump in our throat as Taps tugged our heartstrings, and joy as we greeted our neighbors and exchanged “Isn’t- it-brutally-hot?” pleasantries.
Another moment that made me proud was the eighth grade Luau put on by the Middle School PTO. These moms and one dad hauled in palm trees, constructed a Tiki hut, provided a buffet of food, hired a DJ and threw one heck of a party for these students who will move to the high school at a Moving Up Day Ceremony on June 19. Blenders whirred constantly providing tropical slushies. Hula-hoops, limbo contests, free raffles, and souvenir photos made this a gala event.
A moment that made me feel not so proud was when someone drove in the driveway of my new house and helped him/herself to two stone planters filled with yellow pansies. They should have driven further and asked me; I surely would have given them as a gift. Having them taken made me feel violated. I understand that our Holiday weekend of Remembrance was also one of mailbox smashing, stolen bicycles, and vandalism. Sad!
How about those gypsy moths? As I walk in the woods, it sounds like rain even on those few occasions when it isn’t raining. Those critters are crunching away. As I look over to High Mount, the mountain has patches of brown where it has been defoliated. I wonder if the rain will hinder their growth or have a Miracle Grow effect. I remember the last infestation. I remember throwing away shirts my husband wore surveying in the woods because the gypsy moth “poop” had eaten right through the fabric.
We are in our new home, and our farmhouse belongs to a new family. Welcome Arron, Karyn, Tallia and Zach to Olive. I hope they love their home as much as we did.
I am about to retire from Onteora Central School along with some dear friends and Olivites. John Miller, who used to live in West Shokan, Mike Boms of Samsonville, and Donna and Mike Marrin of Shokan are leaving with me. Together we represent over one hundred and seventy years of teaching. We taught and learned from thousands of students. There are doctors, lawyers, plumbers, pilots, carpenters, nurses, engineers, and teachers who will carry on the tradition of Onteora. For this I feel proud!