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Development
Town of Lancaster resident Donna Lukowski, spokesperson for Brunck Road residents fearing further flooding and drainage issues resulting from Windsor Ridge South development immediately to the south of their properties, are once again petitioning the town and the regulatory agencies for updated floodplain and area elevation maps.
“The project sponsor has been using outdated maps,” claims Lukowski. So outdated that I had to point out that the maps did not even show where the creek next to my house had been redirected 30 years ago; by the Town Highway Superintendent, without permits to enter, disturb and alter creek flow for the purpose of building a house.”
“Where the creek ran diagonally, they redirected the bank to run alongside my property for 339 feet. Because of that move, I now have to buy flood insurance.”
Lukowski is submitting the following letter to town, along with copies to the Department of Environmental Conservation (DEC), Army Corps of Engineers (ACOE) and The Environmental Protection Agency (EPA).
Lukowski correspondence
December 31, 2007
To: Lancaster Town and Planning Boards and Town Engineer
RE: Windsor Ridge South subdivision development
I am requesting a copy of this letter and included pictures be submitted to all Town and Planning Board members and entered into public record.
The pictures I have supplied are of my property clearly illustrating the flooding that has taken place on several occasions, and clearly indicate the presence of a floodway to Slate Bottom Creek.
Because of concerns that further development to the south of me will only worsen the situation, I am requesting updated land elevation maps and an elevation drawing that will indicate the finished site elevation of the lots that homes will be built on so they can be reviewed by my attorney.
My neighbors and I are also requesting 100-year and 500-year floodplain maps that are up-to-date and accurate since we have had a total of 10 flooding occurrences where the flooding was outside the available 100 and 500-year floodplain within 1 year. The current maps illustrate how inaccurate the floodplain map is; the floodplain is much larger than shown.
In looking at the pictures you can also see the floodway at the rear of property. This section of land clearly contains more than 2-5% water as indicated by the project sponsor (Windsor Ridge Partnership).
For more flooding pictures you can go to (Pictures). These pictures include my neighbor’s yards, as well as my own, when flooding has occurred. These have also been supplied to all agencies along with the Attorney Generals Office.
In regards to Hydraulic Analysis, the flooding has already been outside the allowable boundaries and has increased far more than 1 foot before the construction of a road or bridge has taken place in the Brunck Road area.
We question the results of this study and the information given by the project sponsor as to the predicted increase of water in these areas. The increased elevation for the Windsor Ridge North subdivision development, along with the increased water of creek over banks (built up like a ravine), down stream flow has adversely impacted all property owners on Brunck Road.
Trying to send water up-hill, with the planned design of homes along the creek with 8-10 foot drops in back yards, all drainage will lead back to slate bottom creek. Town Attorney Richard Sherwood stated at a Town Board meeting that this design was planned in this matter. This is in violation of the town of Lancaster Flood program and CFR-44 chapter 1 part 60.3(C) 10.
Mr. Sherwood has stated on several occasions it is against the law to shed water on other properties. Well, the Windsor Ridge North and Bowen Square subdivision developments have pushed more water into Slate Bottom Creek and onto my property – regardless of the collection ponds that were installed and developer promises to help alleviate my flooding and drainage problems.
The report also states that it stays within the immediate over bank, impacts no existing structures, and complies with CFR-44 chapter 1 part 60.3(C) 10 which states “Require until a regulatory floodway is designated, that no new construction, substantial improvements, or other developments (including fill) shall be permitted within zones A1-30 and AE on the community’s firm (floodplain map), unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point.
FEMA regulations also state that when other property owners are affected, that they obtain easements from effected landowners. This was never done when Slate Bottom Creek was moved on my property (without town or regulatory permits) and now sits 40 feet from my residence. Several times a year, the water has come as close as 10 feet from my house. That means that the creek has spilled over its bank 30 feet onto my property.
My neighbors and I ask that the hydrology analyses and reports be certified before final site plan approval is granted and we along Brunck Road suffer the consequences.
Respectfully,
Donna Lukowski
CC:
Department of Environmental Conservation
Army Corps of Engineers
© Copyright 2008 by Speakupwny.com
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