STREAMS

miloman · May 21, 2003

Re: STREAMS

ken I have been following this post for a while and man I feel for you having to get up in the morning and deal with this cr(* seems that there isnt much you can do without incurring a large expense to you my suggestion is go to a landscape arcitiect get a plan done for your property focusing on water diversion. Make the assumption that you will build a retaining wall designed to divert any and all water. Go to the city ask for the permit to do all the work If they give it to you have they not admitted that there might be an issue

KennyKenCan · May 21, 2003

Re: STREAMS

Hi LadyFish, I think that you are confused a little about where I live. The address that I show on this site is my summer home on Fire Island. I actually live on Long Island, and Long Island is not a National Park, but Fire Island is. The problems on Fire Island are seperate issue, but I can use the site you gave for the issues I have there. Thanks Kenny

KennyKenCan · May 21, 2003

Re: STREAMS

Hi miloman, Why do I have to build a retaining wall? My family has lived at this address for almost 50 years now and NEVER had flooding problems until the construction of these 3 homes began. We've been thru hurricanes and all sorts of nor'easters in the past 50 years and NEVER had flooding! Last night we had some showers come through and this morning I have standing water on my property and flooded the street. Whats going to happen in heavy rain, like what is forecasted for tonight? NEVER had standing water on my property before... EVER ! It is clearly evident where this water is coming from, the neighboring property! All of the fill (dirt) that the contractor has put around this house is now flowing into my property and the water is causing my septic system to back up! The contractor has regraded the property so that the dirt around this new home is approx. 4 feet higher than my property grade. You are saying that I should build a retaining wall to stop this water, but at whose expense? Mine? I don't think so! This IS the contrators responsiblity, not mine. Besides, the building of a retaining wall is going to cost approx. $15,000. I would have to pay the Town to come in and design and engineer the wall (the Town requires that they, the Town, has to do all of the design and engineering associated with construction of a barrier for water control), and then pay for the permits to have it built, and then pay for its materials and construction, and then the Town will tax me for this retaining wall every year ! I don't think so! I did not create this problem, so why should I have to fix it , the contractor should, he created this mess ! If his property was being flooded because of something I did , I'm sure he would come after me to fix the problem. All I want is this thing taken care of, and not at my expense ! Thanks for the response though, Kenny

Boatsrule · May 21, 2003

Re: STREAMS

KennyKenCan, I feel for you man, I think I would have lost my cool by now. I think Milo is onto something with getting a permit! to show that there is a problem. Good luck.

miloman · May 21, 2003

Re: STREAMS

well that was the point I was making I think that you have to get them to admit negligence in a round about way Im not suggesting that you build the wall just go through the motions so that in the end the town says that yes it will be required to resolve a water problem ha ha you got them in a round about way to admit that they screwed up

KennyKenCan · May 22, 2003

Re: STREAMS

Hi miloman, I see your point. I'm just not sure if thats the route I will take due to everything that has happened. I'm not going back to jail again over this! Kenny

Boatsrule · May 22, 2003

Re: STREAMS

KennyKenCan, I sure as heck don't want to hear you are in jail again!! BUT, I think (Just my opinion

I may be wrong) but if you apply for a permit and they approve one for the Job (and you don't proceed with it any further; just hold onto it.) you will have evidence for possibly a future case

whatcha think?

KennyKenCan · May 22, 2003

Re: STREAMS

Hi Boatsrule, At this time, I have no idea what I'm going to do next. Right now I am concentrating on the upcoming holiday weekend, and I will make a decision early next week. I'm at my wits end here, so I'm loading up the boat and heading over to Fire Island for the weekend, where I hopefully will be able to forget about this mess for a couple days. Kenny

Boatsrule · May 22, 2003

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KennyKenCan, Great idea; get out there and live it up, just remember they will have to answer to there unethical ways someday.

KennyKenCan · May 23, 2003

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Well, here's the latest. Last night we had 3/4 inch of rain and guess what...I now have 18 inches of water in my basement ! Duh! Called the Town, and they are sending an inspector. So much for my den, everything is soaked! NEVER HAD WATER IN BASEMENT BEFORE! First time! We shall see what happens now.

Carphunter · May 23, 2003

Re: STREAMS

Hey Ken, Its a shame you don't live in Indiana......there are plenty of places to dump the bodies here.

Just like boatsrule said,...Hang in there man,......... just like O.J., they will pay someday.

mellowyellow · May 23, 2003

Re: STREAMS

gee Ken, no wonder you've been so persistant with this issue! sorry to hear about the water damage. bet the town digs a drainage ditch (new stream) before summers over. even better though, rent a dozer and build yerself a nice burm(sp) of dirt so the water floods their property and not yours. more rain in the forecast I'm afraid

upstate, the local Fire Dept. will come and pump flooded basements for free. hope you don't need to call them... good luck! M.Y.

KennyKenCan · May 23, 2003

Re: STREAMS

Hey all, get this... Town inspector just left. Said the flooding... WAS NOT CAUSED BY NEIGHBORING CONSTRUCTION ! The inspector said that this was an EXISTING PROBLEM and the previous owner must not have informed us of the situation???? Thats funny, because my father built the house from the ground up in 1956, back when the area was still being used as a relocation farm for German POW's after WWII. (Town Inspector was not aware that this area was used as POW camp.) The only thing here when the house was built by my dad was a tulip farm! Town inspector said that I MUST BE MISTAKING because he claims that there is evidence of previous flooding here! How can he make that claim when there is 18 inches of water down there and the inspector never went downstairs, he only looked from the top of the stairs. I think I'm getting THE SHAFT again! Fire Dept. just arrived to pump, got to go. Kenny

KennyKenCan · May 23, 2003

Re: STREAMS

Basement now pumped out. Fire Dept. left a small sump pump for me to use over the weekend, as I will not be here for the weekend. Looks like this makes it official... FLOODING IS MY PROBLEM. The Town will not hold the contractor liable for this problem. I've had it with this, and I'm locked and loaded. Contractors and Town Officials BEWARE !

FLATHEAD · May 23, 2003

Re: STREAMS

Kenny now it looks like your insurance company has to get involved. That might be a good thing for you. They may be willing to go up against the builder on this depending on how much damage is done. After all they have lawers working for them full time. They may have nothing to lose by fighting them on this.If you have never had a claim in all the years you have owned the place that should be proof enough. Just a thought.

KennyKenCan · May 23, 2003

Re: STREAMS

Good thought Flahthead, Insurance Company is comming either Tuesday or Wednesday. We shall see. Kenny P.S. May everyone have a happy and safe Memorial Day Holiday.

KennyKenCan · May 27, 2003

Re: STREAMS

Hi all, Hope you all had a nice holiday. Well after 3 inches of rain, I had 34 inches of water in my basement. The Town came around on Saturday, after numerous phone calls, and declared an Emergency Stop Work Order . (This is the 3rd time.) The Town also called for an immediate bulldozer in, to reconstruct the stream that was destroyed . The water in my basement went to 4 inches in less than an hour ! The Town also destroyed the foundation of the home adjacent to my property and withdrew the building permits. 7 other homes, neighboring this property, also have extensive water damage. My lawyer has started to file a law suit against the contractor and the Town to recoup the damages done. The Town has vowed not to stop these precedings . Maybe, just maybe, I may be done with this problem, but only after it caused extensive damage to alot of homes. Also, one of the new homes had extensive water damage, whereas most of the fill surrounding the home is now in the street! Contractor was nowhere to be found over the weekend, so when he arrived this morning, he was yelling and screaming that someone destroyed his home. Well the Town arrived and promptly arrested the contractor, and charged him with building 3 homes without the correct enviromental impact statement. ( This contractor used an enviromental impact statement from a home he built 3 years ago, in a town, 2 towns west of me .) My question now is, WHY DID THE TOWN WAIT SO LONG TO DO SOMETHING AFTER ALL THE COMPLAINTS . This whole this could have been avoided, had the Town followed it's own ordinences, is what the Town Inspecter that arrived Saturday said! This thing is continuing to unfold as we speak, so I'll keep everyone posted as to what happens next. Thanks for everyones responces to my prediciment, they were all very helpfull, even if it just eased my mind for a few moments. Kenny

mellowyellow · May 27, 2003

Re: STREAMS

2 the town/contacter

dkondelik · May 27, 2003

Re: STREAMS

good news! (i think) maybe,... just maybe,... there will be some truth and justice rendered from this mess. our best to you kenny

miloman · May 28, 2003

Re: STREAMS

seems like the town actually did the right thing

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