STREAMS

MrBill

Senior Chief Petty Officer
Joined
Aug 4, 2002
Messages
710
Re: STREAMS

KennyKenCan:<br /><br />I don't know much about New York regulations. But in the Sates I own property in (New Hampshire and Massachusetts) wetlands building issues are State regulated. In Massachusetts, where I'm most familiar, towns have juristiction to protect wetlands from contamination and abuse usually within three hundred feet of the wetland or body of water. The State regulates permits for building or touching property within 300 feet of a wetland or water body, not to be confused with a building permit issued by the town. The State permit required is issued (I believe) by the DEQE - Department of Environmental Quality Engineering) the permit must be issued and displayed on site for any work within the 300 foot zone. Streams, waterways and wetlands can not be filled in, they can be altered only by permission of the DEQE and in accordance with their engineering plan (for re-routing, etc) They rarely allow filling of wetlands, particularly for building of residences. Some areas of MA are now so strict that if certain plant life and small critters are present construction is not allowed.<br /><br />Ask a local building inspector who regulates or issues permits for construction in wetland areas. I'll bet there is a state agency in New York that has juristiction over construction plans near wetlands and water bodies like most other states.
 

KennyKenCan

Commander
Joined
Aug 26, 2002
Messages
2,501
Re: STREAMS

Thanks for the feedback MrBill,<br /><br />Unfortunatly, the State of New York is not interested in this matter.<br /><br />They told me that it was a Town issue and that they were not interested in getting involved!<br /><br />My parents have property in NH and about 30 years ago, the brook that runs thru the property jumped the bank during a torrential rain storm and took out 32ft of the house's foundation.<br /><br />The local Town Govt. OK'ed us to move the brook over 10ft and reinforce the bank immediatly.<br /><br />Unfortunatly, the State found out about it, about 15 years after all the work was done, and took us to court.<br /><br />Fortunatly, the Town represented us and the State dropped the charges stating that it was an emergency issue, and they issued permits for all the work that was done, and that was accompanied with an appology.<br /><br />Unfortunatly, I live in NY, not NH!<br /><br />NY just seems to not care, unless of coarse, there's money to be made!
 

muskyone

Master Chief Petty Officer
Joined
Mar 17, 2003
Messages
814
Re: STREAMS

i have no clue really but can ducks unlimited help ya don't thay help protect wetlands i'm reaching here
 

DaleT

Chief Petty Officer
Joined
Mar 16, 2002
Messages
469
Re: STREAMS

From what I've read, stopping this project doesn't sound good. What may be your best bet is convincing others to speak up. I did find the following site with some of NY's laws on wetlands.<br /> web page
 

KennyKenCan

Commander
Joined
Aug 26, 2002
Messages
2,501
Re: STREAMS

Well, I got good news and bad news:<br /><br />The good news is that the Town has issued a "Stop Work Order" on this property.<br /><br />The bad news is, the contrator just tore down the signs and has continued construction of the foundation .<br /><br />This guy has no respect for anyone and has "vowed to get everyone who opposes him".<br /><br />He claims that "no one can tell him what to do on his property"! <br /><br />He also claims that it is not his problem if my property floods, it's the Towns problem!<br /><br />I think this is going to get very serious real soon.<br /><br />Just who does this guy think he is?<br /><br />I'll keep everyone posted.<br /><br />Kenny
 

mellowyellow

Vice Admiral
Joined
Jun 8, 2002
Messages
5,327
Re: STREAMS

spoke with a friend who went through this and it<br />seems some local "nut" broke into the new fancy<br />houses and turned on every faucet then left. ;) <br />contractor went bankrupt!<br />curious,<br />M.Y.
 

KennyKenCan

Commander
Joined
Aug 26, 2002
Messages
2,501
Re: STREAMS

Hey mellow,<br /><br />Ask that local "nut" if he would like to take a quick vaction here on Long Island.<br /><br />We have some of the world's finest fishing and beaches.<br /><br />And some new homes where the water was just turned on!
 

mellowyellow

Vice Admiral
Joined
Jun 8, 2002
Messages
5,327
Re: STREAMS

mafiosa mentalality.... in the blood I guess.<br />don't be a nut bro! please....<br />there's already enough of them out there that<br />would torch the place for a couple "tall-boys"!<br />peace,<br />M.Y.
 

MrBill

Senior Chief Petty Officer
Joined
Aug 4, 2002
Messages
710
Re: STREAMS

The good upstanding citizen that you are tells me that you will post a sign on your property warning potential buyers of the adjacent property that they will potentially experience water infiltration problems as a result of undergraound water flow being covered up. My expereince tells me that you never post (for public view) the full extent of problems..but rather simply state on signage something like this..."Want the truth about this property? Inquire here!" you will get lots of inquiries, only dopes would ignore and buy...some buyers will go away, some will buy any way, most importantly you will have impacted his profitablility, he may want to bargain with you.. the price is always $1 million.<br /><br />P. S. - No need to lie, the true and/or a hypothesis of what might happen will be enough to gain adequate satisfaction. AND don't ever forget...What goes around comes around, sometimes we just don't like the cycle time. He will get his due...
 

KennyKenCan

Commander
Joined
Aug 26, 2002
Messages
2,501
Re: STREAMS

Well, the verdict is in!<br /><br />The Town is going to allow this contractor to do whatever he pleases!<br /><br />The Town has resinded the Stop Work Order and will allow the 3rd home to be built, however the contractor feels is in his best interest!<br /><br />So basically I have been screwed by the local Government!<br /><br />The Towns claim is that this "gentleman" has invested alot of money into this project and the Town has decided that they are going to support him because of the tax revenue that will be created!<br /><br />The County and State have declaired that this is a Town issue and that they have no business getting involved in Town issues!<br /><br />So the old cliche' must be true..." You Can't Fight City Hall "<br /><br />Still no word from the Army Corps. of Engineers, and at this point, any action from them is already too late.<br /><br />Boy, talk about getting F***ed, I took it dry!<br /><br />Thanks for everyone's support in this matter, I really appreciated the input from all, unfortunatly, the battle seems lost.
 

mellowyellow

Vice Admiral
Joined
Jun 8, 2002
Messages
5,327
Re: STREAMS

that really stinks Ken! money talks eh???<br />I would at the very least send a warning letter<br />to both the city council and the contractor stating<br />that if the moving or filling in of the stream<br />causes any property damage, they will be held<br />liable. send via certified mail, sig. required,<br />and have all the neihbors who may be affected<br />sign it. this way they can't deny they knew in<br />advance that possible damages may occur. it also<br />may pave the way for "negligence" in a future suit.<br />kind of like there's a big dead tree on city <br />property adjacent to your house. you warn the city<br />that it should be cut down, but they don't. it <br />falls on your house eventually... now you have<br />not only damages, but negligence.<br />good luck!<br />M.Y.
 

KennyKenCan

Commander
Joined
Aug 26, 2002
Messages
2,501
Re: STREAMS

Hi mellow,<br /><br />At this point in time the Town DENIES the fact that there WAS a stream on this property.<br /><br />The Towns veiwpoint is... " that they never saw a stream there, so it never existed ", even with the photo's that they were shown.<br /><br />The Town claims that the photo's could have been taken anywhere, and will not consider them because when they veiwed the property, the lot was already cleared (and the stream destroyed) and the contractor was already fined for clearing the lot without a permit ... $500.<br /><br />Registered letters have already been sent to the Town, but the Town has stated that any water problems on my property will be my problem , not the contractors or the Towns .<br /><br />Basically they are washing their hands of this problem and do not wish to hear anything more about it.<br /><br />In other words, CASE CLOSED !<br /><br />I am now seriously considering moving out of this greedy state, possibly purchase an off-shore island, and create my own country... Kennyland!!...WHERE POLITICIANS ARE NOT WELCOME...EVER!<br /><br />Just not sure if I'm going to be able to sell my home now.
 

mellowyellow

Vice Admiral
Joined
Jun 8, 2002
Messages
5,327
Re: STREAMS

Ken, they're just blowing smoke. you got plenty of<br />proof the stream was there at one time. they hope<br />you just give up....<br />again, send them and the contractor a letter<br />signed by all the neihbors just so it is on record.... trust me, is worth it!<br />might even hire a surveyor and get him to write<br />a letter as a professional opinion.<br />if someday you or one of the other houses sustains<br />damage that can be linked to this, then you will<br />have a suit againt both. in order for there to be<br />any civil suit, you must show damages. the letter<br />also gives you negligence. what are they gonna<br />say to the judge? we didn't know if we filled the <br />stream that the water would go somewhere else?<br />regards,<br />M.Y.
 

KennyKenCan

Commander
Joined
Aug 26, 2002
Messages
2,501
Re: STREAMS

Hi all,<br /><br />Recieved a letter from the Town yesterday explaining that the contractor and the Town will not be responsible for any water damage to my property resulting from this construction , being there never was a stream there , instead, it was a drainage ditch that was no longer necessary .<br /><br />The Town also stated that any further mention of said stream will result in a lawsuit against us for interfering with Town Business and Decisions and could open a door for the contractor to sue also!<br /><br />So, basically, they have turned this whole thing around and put it on my shoulders and if I wish to contest this any further, they are going to sue me !<br /><br />This is what I get for $10,837.66 per year in taxes!<br /><br />I am at my wits end here, and do not know what I am going to do next.<br /><br />I am currently looking for a conservation lawyer who will be willing to take this case, and have found a few, but I can't meet with them until this weekend, as I have to work to pay the taxes, and now a lawyer too.
 

KennyKenCan

Commander
Joined
Aug 26, 2002
Messages
2,501
Re: STREAMS

Hey muskyone,<br /><br />Thanks for the info on the website.<br /><br />It may have helped me get a lawyer.<br /><br />Thanks again,<br /><br />Kenny
 
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