QUESTIONS & ANSWERS
Q. At the time of reconstruction, did the Town know of your concerns?
A. Yes, I spoke with
onsite representatives of the Town, the contractor's expert grader ,as he was referred to by a contractors worker, and I delivered
the attached Note a to a gentleman named, Bill. This was done in hand in a parking lot at Sharon Heights where I knew that
his took his break.
Q. What were the Town's intentions... do you believe that they were willfully out to flood your property?
A. I do know from direct conversation that the Town WAS NOT going to expose themselves to dumping water onto
the Sanctuary. That was a considered decision. And they were apprised by me of the consequences to my property. So they
willfully made a decision knowing the results to my property. There is no question that my property was subordinate to
the Sanctuary's. So they willfully neglected my tax bearing property over the non-taxable Sanctuary.
Q. There is a drain on the corner of your property which is on your property. Was that always there?
Q. Well, how and when did it get there?
A. The drywell was added after MHP was completely paved and the berms were added. At the time that it was added,
I was told that this was now the only relief from the water run-off flooding.
Q. Did this drain get placed between the reconstruction of MHP and Upland Road?
A. To the best of my recollection it did, but Im not completely certain.
Q. The drywell is on your property did they offer you and easement?
Q. Since it is on your property, who was suppose to be responsible for the maintenance of the storm drain, well cleanout,
A. The DPW workers said that they, the Town, was going to maintain the drywell and drain.
Q. Have it?
A. No not in any manner that showed responsibility. On a couple of occasions, they have removed debris from the
drain. If I am around, I always walk to them and chat. I have become acquainted with some of them. My
issue isn't with them, but the The Town. So, I am open with them; some are well aware of the damage which I am enduring.
Q. Upland Road did its reconstruction affect your property?
A. Yes, greatly. At first I could not tell why. In fact, I felt that I was just imagining the extra run-off.
However, then I went out during rain storms and discovered that all of Upland Road's water, from the high point heading toward
Moose Hill Parkway, now ends up on my property. The water flow is so great as to create ripples and extend about three to
four feet from the berm.
Q. What are your observations?
A. I observe two things. (1) Berms were created along the entire stretch from the high point to MHP. (2) Upland
Road rocks at the junction of Moose Hill Parkway which in essence dumps both sides of the Upland Road run-off on o the 125MHP
side of Moose Hill Parkway. As this distance is about the same length (¼ mile) as 125 MHP to the intersection this rocking
cause THREE TIMES the water to run down to my property.
Q. How would you characterize the situations?
A. First, I would say that the Town perfected an aquaduct that affects the same principles of a flood
control project in North Adams, MA or San Antonio, TX. They have channeled the water which has no escape until it reaches
my property where the berm ends. In time, this area may "seal" and become a slow draining pond. Next, I'd say that the
situation was needlessly created by people who refused to do the correct thing w/r/t/ natural grades. So, I'd say that it
was poorly considered. In fact, I it seemed to me that some decisions were left up to the decisions of the "expert" grader
from the construction company.
Q. What do you see as a solution?
A. Generally speaking, there are two possibilities of which there is both a physical and financial requirement.
However, each starts at the opposite end of the continuum. I hold that the physical conditions that have been
created by the Town, and the financial conditions created by myself STRONGLY FAVOR a financial settlement with
just minimal clean-up and the assignment of on-going responsibilities. Oppositely, The Town can rip up
the road, remove the berms, and still have to compensate the past four years damages.
Q. What happens if The Town doesn't accept either?
A. Given reasonable provisions, I see no reason for them to not to proceed with the FINANCIAL SETTLEMENT. It
provides the easiest solution; it provides a solution via proven real estate device, an easement; and it provides
benefits beyond the issue by guaranteeing, via a worthy third party, on-going tax payment, the "adoption" of
Moose Hill Moose by Sottile, who in close cooperation with the Town's DPW will save The Town money.
As stated at the opening page,
there is an opportunity to make two wrongs