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HomeMy WebLinkAbout1995-01-16 111 125 Triphammer Terrace Ithaca , NY 14850 January 16, 1. 995 Mrs . Jeannine Kirby Supervisor, Town Of. Lansing P . O . Box 186 Lansing , NY 14882 Dear Mrs . Kirby : This letter is regarding the potential development of a 60 acre parcel of land on the east. side of Triphammer Terrace owned by Mr. John Horky in the Town of Lansing . There is a drainage problem with this unused farm field ® affecting adjacent properties that must be remedied. First I would like to explain the problem . The Horky parcel drains to the north and water builds up along the Horky side of the property line at the hedgerow . Under normal conditions the water slowly seeps into the ground and drains through the footer drain of our home . After a heavy rain our footer will drain for over a week. On March 30, 1993 , we arrived home to find that our house was surrounded by water on the outside , with two feet of water in our finished basement and more flowing in every second. The water had accumulated on the • Horky side of the property line to a point where there was no place to go but through our yard and into our home. I was able to temporarily divert the water so that it would flow away from our house and through our back yard. After several hours , with the help of the Lansing Fire Department and NYSEG , most of the two feet of water was removed from our basement. Early the next morning I contracted a bulldozer and called Mr. Horky to discuss the options available to stop the water that was still flowing from his property through our yard . I asked Mr. Horky for permission to have the bulldozer cut a temporary shallow ditch (at my expense) on his side of the property line that would allow the surge of water to flow down his side of the Mrs . Jeannine Kirby Page 2 January 16, 1995 I hedgerow and away from our house. He refused, saying that a ditch would make • it difficult for him to sell the property . In fact the only concern expressed by Mr. Horky that morning was whether our 12-year-old son ' s tree house extended onto his property line (which it does not) . Before that time I had had no contact with Mr. Horky and can think of no valid reason for his refusal to help us . I can only assume one reason might be that by having water running down his side of the property line and settling in the low spot in the northwest corner of his lot by Triphammer Terrace, would make it apparent to potential buyers that there is a d drainage problem. Left with no choice but to have the bulldozer cut a ditch in our yard , I then dug a path through the hedgerow to allow the water to flow from the Horky property to this ditch . For four days my wife and I stayed home from work • keeping vigil over the ditch, day &' night, to make sure it was clear of debris and to repair weak spots in the ditch that would break through and allow the water to head for our house again. With the large flow of water now running down the hedgerow , more 4$- problems became apparent. The culvert crossing the road at the northwest corner of the Horky parcel was clogged and the water settled in our front yard until it was high enough to flow to the ditch along our northwest border and then into a culvert going down the northside of Asbury Drive. I notified the Town Highway Department and they replaced the clogged culvert. This allowed the water to drain into a shallow ditch flowing behind the homes on the south side of Asbury Drive. Two homes that I know of had water enter their basements as a result : Mr. Paul Hotchkiss of 25 Asbury Drive and Mr. Steve Sluty of 15 Asbury Drive. Our water problems were not solved by the actions mentioned above. After each heavy rain or spring snow melt, I have to monitor the conditions in the ditch to be sure that the water is flowing freely and does not break through and head for our house. I also have to keep the ditch clear of snow as the weather warms in the spring so that the water will flow unobstructed. The ditch is next to the hedgerow and therefore drifts in with each snowfall . Last spring I was forced to shovel out the 200 feet of ditch three separate times when water began flowing from the Horky parcel. I have had to replace two footer drain pipes that became clogged as a result of the initial flooding problem in March Mrs . Jeannine Kirby • Page 3 January 16, 1995 1993 . We also incurred in excess of $ 10,000 in property damage as a result of the water in our basement -- the insurance company referred to it as a " flood" . Since our recurring flooding problem is caused by runoff from the Horky parcel , we feel that it should be resolved by Mr. Horky . Since repeated phone calls to him elicit the response " I wish I could help you but I can' t" , our attorney , Robert Holdsworth , sent a letter to Mr. Horky dated April 16, 1993 (copy attached) to which we have never received a reply . Since development of the Horky parcel is now pending , and this will only ensure more runoff in the future , I am copying this letter to the appropriate individuals and asking that this matter be resolved once and for all . I am requesting : 1 ) that the Town work with Mr. Horky to correct the problem . I called 4IP the Town Supervisor and Town Highway Department in April , 1993 and was informed that it was private property and there was nothing that could be done ; 2 ) that I be allowed to speak at the next Town Planning Board meeting to explain the problem in greater detail ; 3 ) that we be notified of any public meeting (Planning Committee or Town Board) where development of this parcel will be discussed. I understand that meetings have already been held concerning this parcel . 4) that the solution to this problem not include allowing the runoff to drain over our property or through our footer drain as it has in the past; 5 ) that before any preliminary approval is given for development and/or subdivision of the adjacent Horky parcel , we be given the opportunity to ' have the plans reviewed by a professional engineer of our choice to ensure that A the problem will be resolved ; 6) that we be provided any applicable local , county or state laws , codes, rules , regulations and/or ordinances that pertain to subdivisions in the Town of > ' Lansing . When they are available , please let me know and I will pick them up at i the Town Hall . ' Mrs . Jeannine Kirby Page 4 January 16, 1995 With each heavy rain or warm weather thaw, we now feel helpless in our attempts to keep this from happening again. There is no way for anyone to understand the lasting effects of such a loss unless it has happened to you. Given these events that have transpired over the past three years , we are not being unreasonable in our request. My wife and I are available to speak with you or the individuals copied on this letter at any time to finally bring this matter to a resolution . Sincerely , Ronald B . and Marcia L. Parks 257-7042 Attachment cc : Mr. Larry Sharpsteen, Chairman , Lansing Town Planning Board Mr. Pete Larson, Superintendent, Lansing Town Highway Department Mr. Ken Barden, Barden Homes , Inc . Di-Tech Corp . , 1040 East Shore Drive Robert J . Holdsworth, Jr. , Esq . Ms . Mary Decker, Listing Agent, ReMax Associates Real Estate Mr. John J . Horky, owner of parcel 'rI ' iKK 1J tltHLII 1 111HLH 11) : 2 ( .5 - b444 Hh' K lb ' y5 1b 45 NO . 006 P . 02 HARRIS BEACH & . WILCOX ATTORNEYS AI ' IA1W 1Y1 EAVI ' SENEGA S I BE r PO BOX 5136 mLAC.A. NEW Nun14&51 OW) 27S'6444 April Jo , 1993 John J . Horky 40 Triphammer Terrace Ithaca , New York 14850 • Re: Water Damage to Neighbors ' Property Dear Mr . Horky : We are the attorneys for Ronald and Marcia Parks (herein " the Parks " ) , who currently own the property at 125 Triphammer Terrace in the Town of Lansing , which is adjacent to your property at 40 Triphammer Terrace in said Town . Currently , we understand that your failures or omissions are responsible for a large amount of water flowing on to the Parks ' property . This water has caused and is continuing to cause a substantial amount of damage to the Parks ' real and personalroperty . This damage could easily have been prevented by your construction of a drainage ditch along the � - north line of your property . We understand that Mr. Parks notified you of this damage and has requested you to take reasonable preventative action such as installation of a drainage ditch ; however, you have refused or ignored his very simple request. Please be advised that if you continue to ignore or refuse the Parks ' request for construction of such a drainage ditch , we hereby reserve any and all rights against you in connection with any damage that the Parks either have or will sustain from the date of Mr . Parks ' notice to you . We also reserve all rights to object to any applicable governmental entity about your anticipated plan for subdivision of your land . We request that you cooperate with the Parks and take reasonable preventive action by immediately constructing the aforementioned drainage ditch . Very truly yours , Robert J . Holdsworth , Jr . RJH/mba Enclosures ,; cc : Ronald and Marcia Parks • '1'HC (:RANITE 111.11u)1Nc 130Eie5T' 1.141N .3'1'REIY' y1 HfTiTAIN ;WA WITS. 1260 RCICI IESTGt z Kw VCIRK 1460+1687 (71e) 232-H in RUM! la NEW YORK 1 /2024412 171r11 /451-53110 $1 (/OR KIR ATF. MCK1pS DUUIZ�nRU 1 /11I NOR III Kk:NTSTRF.E.T SUITE u n Al .RAN%' NEW YORK 12211-2791 (51F) 1;7{17(10 ARLINCION. 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