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Windsor Ridge South development: “I want to put this to rest, once and for all,” says Lancaster Town Supervisor
By Lee Chowaniec
Apr 13, 2008, 16:19
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That’s what Lancaster Supervisor Robert Giza told Brunck Road resident Donna Lukowski at the recent Town Board meeting. “I’m tired of you coming here and complaining about your flooding and drainage issues.”

Giza asked Town Engineer Robert Harris whether he had been at Lukowski’s property recently. When told, “not so far this spring,” Giza ordered him to visit the site and to report his findings to the board.

Lukowski appeared before the board because she had recently read where the Department of Environmental Conservation (DEC) had issued a Notice of Intent (NOI) that gave Windsor Ridge Partnership the necessary permits to fill in wetlands for the sake of developing a 292 single-family home subdivision.

Lukowski called the DEC to complain that the land they were to develop adjacent to her property had been deemed a wetland, when in fact it was a floodway and that numerous pictures she had submitted to them, the other regulatory agencies and the town clearly showed that.

Creek flooding
Lukowski, as she had numerous times before, pointed out that the creek alteration from 30 years ago was not what was shown on the drawing. “The map is outdated, the creek is not where they say it should be and the floodway behind now takes a different route to get to the creek. It passes through my back property line, veers to the north and connects with Slate Bottom Creek at the property to the west of me.


The DEC told Lukowski flooding and drainage issues are the town’s responsibility. So, Lukowski once more visited the Town Board to seek relief.

Board minutes

Lukowski informed the board that her flooding and drainage issues are worsening every year. She owns the adjoining property to the east and told of her sister’s recent visit and remarks that she had never seen so much standing water on either property. Her sister had lived in the house east of Lukowski’s residence.

Lukowski spoke on the drainage pipe that connects to the creek caving in and of the remedial work the highway department did across the street caving in. “Trees in the woods are uprooting from the water and falling over,” declared Lukowski.

“I know that no one served on this board when the creek was rerouted 30 years ago, but the town should still be responsible for making things right on my property.”

Tearing up and sobbing, Lukowski declared, “This problem is costing me money, you are affecting my livelihood.”

Supervisor Giza interjected, “How is it affecting your livelihood? I don’t understand.”

Lukowski replied, “Do you know how much money this is costing me?”

Giza: “Me and Rich (Reese, Town Highway Superintendent) were out there and cleaned out that ditch. Now, have you ever filled in that property? I have aerials that show that the property was filled in.”

Lukowski: “I haven’t filled it (the creek). I add to what is being eroded. Take a look at my land, especially at my driveway and see how it caves in.

Giza; “We clean out the ditch for you and people at the far end of the creek are causing damage and you say you are having problems.

Floodway at Lukowski year property line
Lukowski then told Giza that she is wearing boots to go into her back yard. “I pay taxes and yet every year I spend money to fill in depression areas and spots that are caving in.”

Giza: “But, I’ll tell you Donna, my back yard is wet also. I can’t walk in my back yard without getting muddy shoes. We have to have a few days of dryness. I’m not up to my ankles in mud, but I can’t go back there without getting my shoes muddy.”

Lukowski: “I’m not talking about muddy shoes, I’m talking about sinking down a few inches.”

Giza: “I don’t want you coming to every meeting saying we are not doing something about it. We cleaned your ditch. Don’t accuse us of not caring!”

Lukowski: ‘I didn’t move that ditch (creek rerouting).

Giza; “I didn’t move it either.”

Lukowski; “Someone in the town did and a town representative played a part in it.”

Giza: “I’m not saying that’s the problem. You got woods and you got water there. It could be because nature is putting water there.”

Lukowski: “So, it’s just coming out of the ground?”

Giza: ”There could be a spring there. There’s no sun getting in with those trees. Bob (Harris), take a look at this and report back. I want to put an end to this once and for all.

Floodway at Lukowski back property line curving west


Giza: “You got some bridges on that creek that are not helping. So, you might want to dynamite these.”

Lukowski later told the writer that the cross-over bridges put in by neighbors to the west were never a cause for her creek flooding issues.

Comments

Donna Lukowski and her neighbors, and in fact many other residents in other communities, are being screwed over by regulatory agencies and their municipalities when it comes to flooding and drainage issues caused by the loss and/or destruction of greenspace and wetlands for the sake of development.

The regulatory agencies, ill equipped to review developer hydrology reports, oft times receiving bogus wetland delineations, convinced that project drainage systems will diminish and/or eliminate neighboring flooding and drainage problems and when often times cajoled by municipalities wanting development at all cost to the environment or best interest of their residents, approve permits to destroy or fill in valuable and functional wetlands.

While we read every day on climate change and the adverse impacts we are having on the environment and on how we private citizens are being told on how to be more resourceful to save the environment, developers in Lancaster are savaging wetlands, pushing water and causing property owners to experience more intense flooding and drainage issues than previously.

There are homeowners in town that report they cannot use their backyards even in the summer because of drainage issues. And then we are told, “we have to wait for a drying spell.”

Sump pumps are running near 24/7 for some property owners and yet town officials tell us that there are no flooding or drainage issues in Lancaster.

Lukowski’s “ditch” (south branch of Slate Bottom Creek) was rerouted 30 years ago. Instead of heading southwest, it now travels 339 feet due south along her property line. When applying for a loan years ago she was forced to get flood insurance that costs $500.00.

Lukowski’s declares the policy has a $5000.00 deductible. “That is fine if it destroys your furnace, but you would still pay for most with the obscene deductible. “I called for damages during October 2006 storm and was informed that nothing was covered. All that was offered was a loan from FEMA. The basement wall is not covered for water damage or caving in. Walls are only covered if a car drives through them.

So the town dredged 200 feet of the ditch and says, “Don’t say we don’t care.”

As for the water coming onto her property from all directions because her and her neighbors properties sit in a depression, caused by the development that took place around her over the years, well, that’s not the town’s problem that those subdivisions were built up several feet above previous ground level.

Oh, but it is. There is an ordinance in place that deals with building up your land higher than your neighbors and shedding your water onto it.

Stormwater collection ponds were constructed that were to prevent any water from shedding onto Lukowski’s property. But water is still coming Lukowski’s way. Not our problem says the DEC. Not our problem says the town; they cleaned out the ditch that we rerouted 30 years ago.

The town asks Lukowski whether she has permits to fill in where erosion is taking place at the creek where it makes a 90-degree turn. Creeks don’t make 90-degree turns, why is the town not reconfiguring the creek to stop the erosion?

Did the town get a permit from the Army Corps of Engineers 30 years ago when they disturbed and rerouted the creek? I’ll bet not!

To add insult to injury, the DEC NOI contains a drawing of the creek as it was 30 years. After numerous contacts about the error, the regulatory agencies don’t even seem to care about getting things right.

I guess they feel that since development will not take place where the creek was rerouted, why sweat the little things; like protecting the adjoining subdivisions from adverse impacts.

The DEC is tired of Lukowski’s contacts and the town doesn’t want to see and hear her complaining about flooding and drainage issues, loss of land use, monies spent to replace eroded soils, cost of flood insurance, structural damage to the house and barn and whatnot!

Well, at least Lukowski hasn’t heard those insensitive words (yet), “Your parents and you should have known better decades ago!


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