HomeMy WebLinkAboutBower, Kathleen - 12710 Soundview Ave - Stormwater runoffKathleen Bower
12710 Soundview Avenue
P.O. Box 1322
Southold, NY 11971
July 28, 2009
JUL 2 'g 2009
~oulhold Town £1ert
Scott A. Russell - Supervisor
Louisa P. Evans -Justice
Thomas H. Wickham - Councilman
Albert J. Kmpski, Jr. - .Councilman
William P. Ruland - Councilman
Vincent M. Orlando - Councilman
530 Route 25
P.O. Box 1179
Southold, NY 11971
Dear Members of the Town Of Southold Town Board:
Re: 1000-054-07-01.003
I am writing this letter at suggestion of Justice Louisa Evans. I have done my best to
state the facts as clearly as possible.
In 2001 I purchased an acre of land that came with a "Southold Town Board of Trustees
Wetland Permit". The permit came with many restrictions. I acquired a building permit
and met all of the Trustee requirements in completing my residence. My land is
somewhat regulated by the NY State Department of Environmental Conservation, but the
Trustees/Town Board are the final authority. I am allowed to use less than a quarter acre
for my personal use. My house is included in this quarter acre. The remainder of my land
has been taken by the Town of Sonthold for the exclusive right of the Town Highway
department to use for storm water runoff drainage and not beeanse it is environmentally
sensitive.
The Town Highway Department dug a trench on Soundview Avenue into my property in
2002 and maintains it to allow storm water runoffto enter my property. Due to the lack
of storm drains and the haphazard way the road has been graded my land is inundated
with storm water runoff. I have lost 40 large oak, maple and hickory trees ranging in size
from 40' to 80' due to this inundation. Many of the trees have been entirely uprooted..
In June 2008 1 lost 8 large trees in 10 minutes in a storm. These trees--unusually hollow
inside were severely compromised by the deleterious conditions. It is a very real
possibility that the few remaining large oak trees will soon fall on my house.
In addition, this is a comer property and due to changes in road grading via SCWA large
quantities of storm water now enters from the intersecting road Horton's Lane. While
there are a few storm drains on this road, they are under utilized due to the defective road
grading. The water pools up before hitting the drains crosses the street and flows into
my property. One neighbor on Horton's has a deep ravine on her property where water
would naturally flow but she has been given high asphalt curbing extending the length of
her property about 250' and two of the storm drains mentioned above. Asphalt curbing
has been installed in several places along Soundview Avenue as well which is aiding the
storm water runoff to enter my property.
I asked a friend of mine who has been involved in road construction and drainage for
thirty years to drive along Soundview Ave and inspect the conditions. He was appalled at
the lack of drainage infrastructure, catch basins and retention tanks that, due to their
absence, allow public storm run-offto be diverted into private property and public
and private wetlands. The condition does not meet the minimum standards set by federal
and state regulations under the Clean Water Act. Of course, the absurdity of this
delinquency as it applies to my "vemal pond" (see below) goes without saying.
A typical mitigation to poor drainage in low points such as mine would be to place
several catch / retention basins at intermediate points along the down slope, to intercept
road nm-offbefore it accumulates. Placing the structures along the higher portions of the
slope would also solve the problem of low water tables lessening the effectiveness of the basins.
The Board of Trustees is guilty of neglect with its mission to protect the "endangered"
plants that were flagged by the DEC in 1997, as noted on my survey, by allowing the
Highway department to continue this course. I have written many letters, sent many
photographs and made many phone calls to the Trustees over the years alerting them to
the situation, but they have only returned a blind eye.
It is a well-known fact that storm water runoff contains a myriad of toxins. Recently the
Peconic Baykeeper stated at a Town Hall discussion about "docks on the bay" that the
more urgent issue the Town should be addressing is storm water runoff. It is
disgraceful that the Board of Trustees uses its authority to allow the destruction of land
that they have been "authorized" to protect.
The Trustees do not base their decisions on sound science. The Arbor Society, for
example, recommends that one felled tree is most beneficial to maintain a healthy one-
acre woodland ecosystem. My property was a woodland containing a vernal pond. It is
now an environmental disaster.
The Board of Trustees does not allow me to pick up the dead trees. I have letters
(responses to my requests to pick up dead trees) from the Trustees stating that I am to
leave the property "tmdisturbed". I was even denied the right to pick up trees that were
still good for firewood when heating oil was $4 a gallon. As a result the property, as well
as neighboring properties, are infested with wood eating insects. This came to light in
the Jane 2008 storm that devastated my property and two properties to the south that
also lost several very large hollowed out trees. For your information, the collecting of
firewood is not a regulated activity by the DEC.
One can easily suspect that the trustees are overly harsh on helpless, non-influential
citizens like myself, to make examples of us and their so-called protectiveness, while
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being "nice guys" to the developers of large projects, who are represented by the usual
cast of attorneys, expediters, and environmental consultants. These "professionals" bow
and scrape before the trustees' "authority" and get what they want.
The heart of the matter is this...how can a property be a protected wetland and not be a
protected wetland at the same time? It is a perplexing paradox. I have a copy ora
grant application from several years ago where the town applied for State funds for storm
water projects that refers to my property as having a vernal pond. The document states
that purchase or lease agreements are needed to complete this highest priority storm
water runoff project. I possess several newspaper clippings stating that the town has
received grant monies from the State and Federal government for storm water
remediation projects. The town refuses to address the high priority storm water problem
that includes my property and the little jewel Lilly Pond across the street.
In an effort to get the town to take some action, I recently reported this disturbing
situation to the NY State DEC. The DEC Freshwater team inspected and agreed in an
email that the dead trees need to be cleaned up but they said they can not even compel the
Town to allow me to do it. In a phone conversation I had with the DEC inspector
after receiving the email, the inspector said he would not have a problem with me filling
in the trench and putting in a berm around my property and would help me with this
project. Obviously the DEC in favor of protecting this property.
Years ago I offered the town the option to purchase the land they need at the prompting
of the Highway department supervisor Mr. Harris. I have come to realize that this is not a
sound idea given the history of delinquency on the part of the Town. There have been
several new builds in the neighborhood and changes to the land made by new property
owners that have created more storm water particularly on Soandview. The Code
Enforcement Officer has not enforced the code put in place to address these issues. The
Highway department has not put in any additional storm drains to address these issues.
The highway department has done nothing to address this except installing asphalt
curbing and directing the water to the Bower's property. This is unacceptable and
unconstitutional.
I have recently offered Mr. Russell a right of way with compensation through tax relief.
The offer comes with the stipulation that the Town clean up the property and filter the
storm water coming in and grade the road to utilize the existing storm drains and to
install additional storm drains in the surrounding area to reduce the amount of storm
water coming in to my private property. I am not asking for the town to pay me for my
trees. However, they did have considerable value and are irreplaceable.
I have an email from the Supervisor that says, "Government tends to solve the easy
problems first and delay the not so easy ones. In this case solving the easy one made
yours worse and I would not dispute that." This is in reference to the property owner up
the street who got the curbing and storm drains. (Please note this work was completed
before Mr. Russell became our Supervisor)
Another explanation that the town supervisor has given for the town's reluctance fix
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these problems is the "history" of the lot. I bought an environmentally sensitive lot
under the "protection" of the trustees. My survey shows an area of collected water of
0.013 acres. Currently (after mild rain) the water occupies approximately one-third acre
of my land and sometimes after heavy rains three-quarters of my land is inundated. The
lot did have a history of collecting water, but not in the quantifies that it is collecting
now. All the dead trees point to the fact that this is a recent mass die off, not natural
selection or survival of the fittest. The evidence of this recent die off is overwhelming
and is in plain sight.
I see no logical reason for the town's stance. This is a very fixable problem. And not a
very expensive problem (as I was told many years ago by Mr. McMahon). The town has
the equipment and manpower. The town could use monies from the Preservation Fund
for this environmental purpose. This is stated on their grant applications. The Town
seems primarily concerned, however, with purchasing large tracts of land and purchasing
development fights. They are committed to preserving land not the environment.
Storm water runoff is an infrastructure issue in our extremely precious Town. For years I
have heard various Town officials stating over and over the importance of addressing
storm water runoff for the protection and health of our waterways and our way of life.
Nevertheless, the spotlight on this issue seems to ebb and flow with the tides. This is
unfortunate for all.
Along with the destruction of my land many woodland creatures have lost their habitat
and food source. Wetland creatures can't get into the "vernal" pond. Turtles go around
on their way up hill in spring and many end up as road kill. My pet ducks have not been
able to swim in there for three years. They were not able to get over and under and
between the tree trunks and sensed the danger of not being able to get away from
predators. I must have the remaining trees tested for insects and disease. Unforttmately,
it is most likely too late to save them. "We" have lost a lot.
I have been verbally threatened by a worker in the Trustee's office that I could face fines
ifI do anything without a permit. The town has sent the Code Enforcement officer and
the Bay Constable to my property when we have done work on trees that are not in the
wetland buffer area. I have the burden of keeping the roads safe for the citizens of
Southold at my personal expense, while I have been persecuted and even criminally
prosecuted by the town for using a tiny scrap of my own land for an 8 x 10 garden shed.
How much longer does my family have endure the constant fear of our house being
destroyed or someone being hurt or killed. We have been awakened many times in the
still of the night by a tree falling and crashing to the ground. It is a dreadful sound.
In conclusion, I don't think the Trustees should have the power to play God and change a
woodland into an environmental train wreck, intentionally or not. I have always abided
by their decisions, although I did not agree with them. I should not have. The Highway
Department needs the support and backing of the Town Board in order to keep the
roads safe for its citizens. The }Iighway Department should not have to rely on
trespassing and defiling and devalning private property to do its job of keeping the
roads safe for the citizens of Southold.
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My husband and I have been taxpayers in Southold Town for over twenty years. We have
worked all of our lives to acquire our home and deserve the Constitutional right to
peaceful enjoyment of our property. When will the Town Board address this issue and
solve these problems? Thank you.
Since2ely, ~
CC: Marc Alessi
Southold Town Attorney
July 12, 2009
PETITION TO:
RECEIYED
JUL 2 $ El09
Scott A. Russell - Supervisor
Louisa P. Evans -Justice
Thomas H. Wickham - Councilman
Albert J. Krupski, Jr. - Councilman
William P. Ruland - Councilman
Vincent M Orlando XlJoun¢ilman
530 Route 25
P.O. Box 1179
Southold, NY 1197I
Dear Members of the Town Of Southold Town Board:
~euthold Town Cle~
WE, THE CITIZENS OF THE HAMLET OF SOUTHOLD IN THE TOWN OF SOUTHOLD,
STATE OF NEW YORK UNITED STATES OF AMERICA, PETITION THE TOWN BOARD
OF THE TOWN OF SOUTHOLD TO IMMEDIATELY DISPATCH THE SOUTHOLD
HIGHWAY DEPARTMENT UNDER THE SUPERVISION OF THE TOWN ENGINEER TO
REMEDY THE UNHEALTHY AND UNSIGHTLY AND ILLEGAL SITUATION ON THE
S/W CORNER OF SOUNDVIEW AVENUE AND HORTON'S LANE.
DUE TO THE LACK OF STORM DRAINS AND THE HAPHAZARD CARELESS WAY
THE ROADS HAVE BEEN GRADED IN THE AREA, STORM WATER RUNOFF ENTERS
THIS "TRUSTEE PROTECTED" LAND AND LILLY POND ACROSS THE STREET
UNINHIBITED.
THE APPALLING LACK OF DRAINAGE INFRASTRUCTURE, CATCH BASINS AND
RETENTION TANKS THAT, DUE TO THEIR ABSENCE, ALLOW PUBLIC STORM RUN-
OFF TO BE DIVERTED INTO PRIVATE PROPERTY AND PUBLIC AND PRIVATE
WETLANDS DOES NOT MEET THE MINIMUM STANDARDS SET BY FEDERAL AND
STATE REGULATIONS, SOON TO BE (IF NOT ALREADY) IMPLEMENTED.
THE BOARD OF TRUSTEES IS NEGLIGENT WITH ITS MISSION TO PROTECT THE
"ENDANGERED" WETLAND PLANTS THAT WERE FLAGGED ON THIS PROPERTY BY
THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION IN 1997 BY ALLOWING
THE HiGHWAY DEPARTMENT TO CONTINUE THIS COURSE.
AS A RESULT, MORE THAN 40 LARGE OAK, MAPLE AND HICKORY TREES
RANGING IN SIZE FROM 40 FOOT TO 90 FOOT HAVE BEEN DESTROYED. THE
CARCASSES OF THE TREES LAY PILED UP ALL OVER THE SITE. THE OWNER OF
THIS PROPERTY HAS BEEN DENIED THE RIGHT TO CLEAN UP THE DEAD TREES BY
THE BOARD OF TRUSTEES. THE DEAD TREES HAVE BECOME A BREEDING
GROUND FOR WOOD EATING INSECTS. THIS DELETERIOUS CONDITION IS
SPREADING THROUGHOUT THE NEIGHBORHOOD. THE EVIDENCE OF THIS DIE OFF
IS OVERWHELMING AND IS IN PLAIN SIGHT.
THIS DISTURBING SITUATION HAS RECENTLY BEEN REPORTED TO THE NEW
YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. THE DEC
FRESHWATER TEAM INSPECTED THE PROPERTY AND AGREED THAT THE DEAD
TREES NEED TO BE CLEANED UP--BUT THEY CANNOT COMPEL THE TOWN
TRUSTEES TO ALLOW IT TO BE CLEANED UP. THE TRUSTEES ARE THE FINAL
AUTHORITY.
THE TRUSTEES DO NOT BASE THEIR DECISIONS ON SOUND SCIENCE. THE ARBOR
SOCIETY RECOMMENDS THAT ONE FELLED TREE IS MOST BENEFICIAL TO
MAINTAIN A HEALTHY ONE-ACRE WOODLAND ECOSYSTEM.
ALONG WITH THE DESTRUCTION OF THIS WOODLAND CREATURES HAVE LOST
THEIR HABITAT AND FOOD SOURCE. WETLAND CREATURES CAN NOT GET INTO
THE "VERNAL" POND,THEY TRY TO GO AROUND AND END UP AS ROAD KILL.
THIS SITE HAS BEEN INVENTORIED BY THE STORM WATER RUNOFF COMMITTEE.
THE SITE IS REFERRED TO AS A HIGH PRIORITY STORM WATER REMEDIATION
AREA CONTAINING A VERNAL POND. THE TOWN HAS RECE1VED NUMEROUS
STATE AND FEDERAL GRANTS FOR STORM WATER REMEDIATION BUT HAS
REFUSED TO ADDRESSED THIS HIGH PRIORITY SITE.
FOR YEARS VARIOUS TOWN OFFICIALS HAVE STATED OVER AND OVER AGAIN
THE IMPORTANCE OF ADDRESSING STORM WATER RUNOFF FOR THE
PROTECTION AND HEALTH OF OUR WATERWAYS AND OUR WAY OF LIFE.
HOWEVER, THE SPOTLIGHT ON THIS ISSUE SEEMS TO EBB AND FLOW WITH THE
TIDES. THE NATURAL ENVIRONMENT IS TOO IMPORTANT TO BE NEGLECTED A
MOMENT LONGER. THE INSECT INFESTATION IS SERIOUS AND NEEDS TO BE
ADDRESSED IMMEDIATELY BEFORE ANY MORE TREES ARE INFECTED.
NAME ADDRESS
NAME ADDRESS
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