| From: | LAURIE ALLEN (laurieallen55@msn.com) |
| Sent: | Wed 5/11/11 9:16 AM |
| To: | wmarshall@cityofbelfast.org; LAURIE ALLEN (laurieallen55@msn.com) |
Dear Mr. Marshall,
Last week we met and I gave you a letter and pictures to advise of my concerns for the construction of the WCGH office building. I cannot attend the meeting and am sending this email to confirm that all members will receive and review my letter and pictures.
In addition, I am requesting direction as to the next step I need to take in regards to severe erosion from all the runoff that is diverted onto Seaview Terrace. Please send me a copy of the map showing all the paths that we looked at when I came to your office last week.(10/28/14- I never get that map- I request for several more weeks, I ask my Council Marina DeLune to come with me to the Planning Office to make Wayne give me the map he showed me on the wall in the Planning Office. By now, I am sure the map will be into hiding and I want Marina to witness that. She refuses and I go alone, the map is gone, replaced by another useless map. They claim it is one and the same and that Wayne never showed me a map with all the 5-6 paths forced to Seaview Terrace. They refused to let me look at maps period- I could see them on the other side of the counter. Code Officer Tod Rosenburg told me he was instructed not to help me!! That day is documented in the next chapter to be done, #2.)
In 2005, a top of the line, sump pump system was installed at my home from TC Hafford Basement, costing 6k. I understand that most of the residents on Seaview Terrace have water in their basements and flooding. My neighbor across the street, at 18 Seaview Terrace used the same company this winter to install the system at over double the price.
Flood insurance will cost me an additional 2k per year and covers the home only (2 lots must be flooded before consideration).
The severe erosion on both sides of the drainage ditch in less than 1 year is beyond alarming. The pictures confirm need for immediate resolution. Large trees will fall, my property will continue to diminish, my new fence will be destroyed within a year at the current rate of erosion.
I am a single mom, low income, recently unemployed and cannot accept this situation. I have been watching the meetings and all of the concern for saving a tree from the travel of turbine blades. The resident was not present at the meeting, but everyone was going to bat for this resident's tree (I am not even sure if this tree is on the resident's property.)
I spoke with Puzz Caswell, (the original family that owned this property) and she cannot believe the recent amount of erosion that has swallowed our properties (her in-law, Karen owns the adjacent lot).
The City of Belfast has channeled an enormous amount of runoff to Seaview Terrace and the lack of culverts is costing the residents of Seaview Terrace thousands of dollars, continuous flooding, loss of land at a rapid rate and will continue until the City corrects the problem.
Per our conversation, the City will not correct the problem and to make matters worse, is the construction of the office building creating even more runoff and taking my property with it which will cause unstoppable catastrophe. This is not acceptable. Please advise what is my next step that must be swift.
Sincerely,
Laurie Allen
| From: | Wayne Marshall (planner@cityofbelfast.org) |
| Sent: | Wed 5/11/11 10:07 AM |
| To: | LAURIE ALLEN (laurieallen55@msn.com) |
I also appreciate the information you have presented regarding erosion and flooding that affects your property. When I spoke with you at City Hall last week and I identified the flood zone maps (10/28/14-here we go, it was not a flood zone map- it was a drainage map) for this area I wanted to ensure that you were aware that this area is an active floodplain, and as such flooding and accompanying erosion are events that may occur from time to time. The identified flood zone reflects the 100 year floodplain. As such, this means that water and flooding will not always be present, but that flooding will occur from time to time. I also wanted to point out that the stream located to the rear of your house is part of a much larger floodplain and drainage area, and that stormwater that accumulates through-out the area from the Route 1 by-pass through City Park has an impact on flooding that occurs to the rear of your house.
I also note that the City does not own the property, have an easement on the property, or manage the stream and floodplain located to the rear of your house or throughout most of the area that is in the active flood plain from the Route 1 by-pass through City Park. Our main points of control are when this floodplain and stream crosses over a City street, such as at Congress Street, Wight Street and then again at Northport Avenue. As such, the City does not have the authority to enter privately owned property or to expend public funds on privately owned property to try and address flooding concerns that are occurring on privately owned property (10/28/14- forced to us by the City through City/Highway streets.)
I do, however, hear and understand your concern. I also will discuss your concerns with other City officials to discuss your concerns. It may take me two weeks or so to get back to you, but I will be contacting you in the near future regarding stormwater concerns in this area.
| LAURIE ALLEN (laurieallen55@msn.com) | |||||
| Sent | Thu 5/12/11 8:30 AM | ||||
| To: | planner@cityofbelfast.org |
I am purchasing the flood insurance but that will not protect me against the damages and dangers of the severe erosion. The pictures do not do justice to the dangers and the severity. Please come and visit before the stream rises.
| From: | LAURIE ALLEN (laurieallen55@msn.com) |
| Sent: | Fri 5/13/11 9:48 AM |
| To: | wmarshall@cityofbelfast.org |
I would like to get the history and explanations of the neighborhood drainage. I can come in for a meeting if you would prefer. I am wondering how the creek got there in the first place. It is man made to a degree- boulders were cleared to the allow for flow, I can see that. If the City does not have any claim to the property or maintenance, who trenched it?
To try and shore up the sides is proving to be impossible for me. At 50, I am amazed that I was able to get that many boulders in place. I'm thinking that I probably shoud have placed sand bags first and then the boulders but how would I get the sand bags there? This is way over my capabilities and knowledge. Every day I panic more that I could end up homeless like the flood victims in the south. This house is all I have and I have put on a new roof, insulated the attic, the fence, a new front door, on demand water...all major improvements and as of 2/1/11, unemployed.
I want to get the flood insurance ASAP, please advise on the certificate of elevation.
I saw the meeting last night, thank you. That man (Mike Hogan, Architect) representing WCGH is unprofessionally disrespectful. He totally dismissed and fought with the board member who came to the site and supported that the noise level was high, he tried to diminish my concerns because I wrote a "letter" because I was unable to attend, he changed the content of my concerns to complaints and was condescending. In contrast to the integrity from DUBBA (10/27/14- DUBBA is JB Turner, president of Front Street Shipyard at proposal stage of FSS http://www.bangordailynews.com/story/Midcoast/Stinson-buyers-ready-to-build-shipyard,163809 ), this man's behavior is menacing to me. I was thankful that I was not present, it could have been bad.
I did not state that there was glare from the lighting. It would be courteous and appreciated to shield it. Views are on almost every topic with development and I applaud the support and resolutions of council and hope for the same.. There is additional lighting on the west side entrance that was not identified. The bottom floors on the current building have lighting on inside in every office , I know it is on until at least midnight. During the winter, the view is direct and lights will be on as early as 4 pm. There is no room for landscaping (no loss really, the other "landscaping" done to accommodate Mr. Smith is pathetic) , compiled with the partial screens, visible chiller, it is a mess. A full length quality sound barrier wall would solve all issues, if not I strongly object to the the proposed placement of this machinery. Placement on the front of the building where I specified on the plans is on a grass area and would not affect parking.
Mr. Smith described the current noise as a low constant machinery noise that is "maddening". He did not look well, please don't let this happen to me.
Sincerely,
Laurie Allen
Date: Sun, 15 May 2011 14:53:44 -0400
Subject: Re: Elevation Certificate
From: planner@cityofbelfast.org
To: laurieallen55@msn.com
Dear Ms. Allen
In reading your email I understand that you are very concerned by the flooding that is occurring near your property. I do want to note the following:
- First, the area located to the rear of your house is a natural stream (10/28/14- LIAR) and there is a floodplain associated with that stream. This stream is identified on federal maps (U.S.G.S. quad maps). The stream is a natural path for water to flow; it is not a man-made drainage area.(LIAR)
- Secondly, the City has not made any changes to the stream located to the rear of your house.(LIAR) As I noted in my email to you last week, the City has no authority to perform work on private property.
- Continuing (with rhetoric bull), it appears that Maine is about 5+ years into a long-term trend that is resulting in Maine experiencing much greater volumes/levels of rain than in the past. I can't immediately put my fingers on a table that illustrates rain volumes, but I know that rainfall levels have increased from about 45 inches per year to about 60 inches per year. This increased rainfall is wreaking havoc on many areas in Maine and in Belfast. Areas that didn't experience flooding in the past are now experiencing flooding, areas that formerly experienced flooding are now seeing flooding more frequently or greater volumes of water, fields that typically dried out in the summer now taking longer to dry out and similar concerns. In short, more rainfall, particularly in the spring and in the fall, is causing problems that exceed past events.
- With respect to my own property,(stupid) I note that I now regularly have water running through my yard in an area in which I rarely saw water 10 years ago, and that the amount of rainfall and accompanying stormwater is adversely affecting my septic system.
| From: | LAURIE ALLEN (laurieallen55@msn.com) |
| Sent: | Mon 5/16/11 9:53 AM |
| To: | planner@cityofbelfast.org; LAURIE ALLEN (laurieallen55@msn.com) |
Elevation Certificate- Thank you for the information, I won't waste the money on that- I want the flood insurance.
What is my next step to make the City accountable for channeling all this drainage into the private property on Seaview Terrace? I would have thought the City would have put sewers in for storm drain that would be under the road of Seaview Terrace allowing for drainage of all residents. It seems that a shortcut was taken at the expense of the residents. I am hearing that all the neighbors have been ignored and they are ready for the next step. As it being a natural stream, I am being told that there was a road there at one time and I am finding quite a bit of asphalt as I am trying to stop my backyard from being swept away.
I purchased this home in 6/2010 and the winter was when the stream was cresting and rapid. Spring has been fine, holding my breath. I was out there yesterday for 8 hours, saturated, freezing and exhausted trying to build a wall.
Yes, I will attend the site visit. I watched the meeting again and do not like the vague answers on the chiller and future additions to it. I will send a separate email for clarity.
| From: | LAURIE ALLEN (laurieallen55@msn.com) |
| Sent: | Fri 5/20/11 8:04 AM |
| To: | wmarshall@cityofbelfast.org |
I am following up on the next step for the diversion of City storm water to my backyard. We began discussing this in the beginning of May and you advised me that it would be approx. 2 weeks before your scheduling would allow for review. We are at that mark and I want to be sure that I am adhering to protocol and am requesting that you advise me of any hearings or paperwork that I must attend to.
I want to avoid another tail chasing event and hope we can deal with this honestly. The culvert that the City installed at the end of Seaview/Rte 1, diverting the storm water to private property is issue for immediate action to close and channel to City property away from the floodplain of Seaview Terrace. Compensation for property loss, labor and associated costs are requested.
Sincerely,
Laurie Allen
10/27/14- BELOW IS THE BEGINNING OF SHUTDOWN AND HIDING OF ORIGINAL PLANS AND ALL PROVING DOCUMENTS. THE PLANS WERE MISSING FROM THE REGISTRY UNTIL A SURPRISE VISIT TO CITY TAX ASSESOR BOB WHITELEY ON 11/22/2011, WHERE HE HAD THE ORIGINAL PLANS PROVING SEAVIEW TERRACE WAS NOT A NATURAL OUTLET. CITY MANAGER JOE SLOCUM FLIPPED OUT ON BOB WHEN HE FOUND OUT I SAW THOSE PLANS. BOB SAID HE NEVER SAW THAT SIDE OF JOE. BOB ALSO SAID WHAT WAS IN STORE FOR RESIDENTS WAS UNBELIEVABLE- THAT WAS 3 YEARS AGO- I ASSUME HE IS TALKING ABOUT ALL THE NEW ORDINANCES COMING UP.
| From: | Wayne Marshall (planner@cityofbelfast.org) |
| Sent: | Fri 5/27/11 4:34 PM |
| To: | LAURIE ALLEN (laurieallen55@msn.com) |
I wanted to ensure that I spoke with Bob Richards, Superintendent, Belfast Public Works Department, before I responded to your email regarding the concerns you expressed regarding stormwater management on SeaView Terrace. I also want to address what I believe may be a misconception on your part regarding who constructed SeaView Terrace and the accompanying stormwater system.
As background, the subdivision plan of the Wendell MaCleod Housing Development (SeaView Terrace) was approved in 1966. This plan is recorded in the Waldo County Registry of Deeds, Book 6, Page 23. Like many subdivision plans prepared in the 1960's it mostly identifies the location and dimensions of the lots in the subdivision,and the location of the new access road and accompanying right-of-way (SeaView Terrace). The recorded plan for this subdivision also identifies two other features; the natural contours for the property, and the layout of the houses proposed to be constructed on lots 1,2 and 3. Unlike subdivision plans that the City now requires a developer to prepare, it does not include information such as but not limited to: areas within the flood zone, areas that qualify as wetlands, stormwater management systems that will be constructed, the location and depth of water lines and sewer lines, and the location of power poles. The 1966 Plan, and a subsequent 1978 amendment, are the only two documents of record on file in the Registry. (and Wayne also removes the original plan showing the "ditch/stream" was filled in and homes built on top. I would score that plan in a raid to City Hall where on a hunch I thought the City Tax Assessor would be looking at maps. He (Bob Whiteley) had just toured the paths of destruction with me the day before and he was clearly alarmed. He had that plan out on table when I stormed his office-details will be in it's own page, but here's Bob at my home and nightmare)
As is the case in all subdivisions, the developer/owner of the subdivision is responsible for constructing all road, water, sewer, power, drainage/stormwater and similar improvements. This occurred with SeaView Terrace as Wendell MacLoed built the original road and stormwater improvements. It appears that the stormwater improvements on SeaView Terrace largely consist of 3 small culverts under SeaView Terrace, a larger culvert near Route 1 and a drainage swale that is located between the house and garage located on your property. I also specifically note that City, through a vote of the Belfast City Council, will not take ownership of a new road (and the accompanying road right-of-way) as a public road until the original owner constructs all road and drainage improvements. (Stating this for what? To blame the developer for all the water the City has been forcing to my yard for 50+ years??)
In short, the road and stormwater improvements that exist in the SeaView Terrace Subdivision were constructed by the original property owner, and the location of such were determined and constructed by the original property owner. The City, by accepting the road, assumed the long-term responsibility to maintain such improvements (they are now a City responsibility as publicly owned improvements and land). As such, the Department of Public Works periodically performs maintenance; for example replacing culverts, digging out drainage ditches/swales (liar meter spiking- stating this because he knows they illegally dug out private property in 2009 @ 23 Seaview Terrace) for massive drainage NOT 20 feet AWAY from the road) and resurfacing the road. All City work has involved maintenance. The City has not taken any action to re-route stormwater (Liar Meter exploded) or to construct new drainage improvements.
I recognize and understand that you are concerned about how stormwater is affecting your property. The City, however, believes that it has not taken any action to alter the stormwater management system constructed by the original property owner, and we believe that we are not responsible for any damage (from stormwater) on your property.
I also will note that if you believe the opinion I have stated may be wrong, you do have the right to prepare a claim for property damage and to submit this claim to our insurance carrier. Our insurance carrier can make a decision regarding your claim and any City liability. If you would like to submit a claim I can obtain and provide you information regarding how to file such. (Farm me out to insurance and then they have an alibi- insurance denied, case closed. Not taking insurance bait, or when they try to force me to get an attorney to "speak" for me when they can't break me in a letter from the City Attorney Bill Kelly 2/2012. Will post pages for Billy Boy too- he sent me 4? letters of intimidation)
On behalf of the Department of Code and Planning.
No comments:
Post a Comment