One lot’s backyard is another man’s lake

NORTH EAST — Mike Lyman could do without all the ice and rain that’s been falling recently. For starters, his North Center Street home flooded last week, something he said had never happened no matter how rainy the weather. The situation made him revise the above sentiment, to what he could really do without is not so much the rain, but rather the recent development of the property adjacent to his, which he blames for the change in topography that actually caused the flooding.“I’m getting the aftermath of all this development,” Lyman said, naming the Irondale Development Corporation (which sold/leased property to Associated Lightening Rod, NAPA Auto Parts Store and now the Irving Farm Coffee Company coffee-roasting warehouse) as the responsible party. “I own [two residences and two parcels on] around 4 acres and now it’s lakefront property. This is the first time [it’s flooded] and I’ve lived here 35 years. Now I have water in my basement. I have had no problems up until the last three years when they started the development on Route 22 and started pushing the water onto my side of the property.”According to Lyman, Irondale Development Corporation’s engineer, George Johannesen, told him that’s not possible. But Lyman said the developers have changed the contour of the property and as a result changed its elevation, from 709 feet above sea level to 714 feet above sea level.The latest twist in this story is that just last Wednesday, March 9, Irving Farm’s site plan was approved by the Planning Board. That gives the developers the OK to build on the property, and if there are flooding issues, Lyman fears they will only be compounded by construction.“The question was raised several times by myself and the Planning Board members: ‘Are there going to be any flooding issues on this new site plan?’ and the answer by the engineers was ‘No,’” Lyman said. “Now, two days later [after the site plan was approved], it floods. Obviously, I’m not for the site plan.”“Mr. Lyman’s property had a tremendous amount of flooding from the storm and he had numerous concerns and I could see the validity of a discussion, but we didn’t have the ability to take away anything from Irving Farm,” Planning Board Chairman Dale Culver said. “Town Supervisor Dave Sherman assured Mr. Lyman he’s working with Irondale Development Corporation to help mitigate problems if they are being caused by that and doing everything they can to help Mr. Lyman. “Based on that, the Irving Farm application did everything the Planning Board asked, everything the engineer asked, everything the planner asked, and we, in good faith, had to act on a resolution. They had complied with the DEC [Department of Environmental Conservation] and all things put forth to them,” Culver said.The property already has a high water table, as it sits adjacent to the Webatuck Creek. Culver also added that the storm had been “significant” and said there could perhaps be other factors involved, like beaver dams, which are a problem in the area.Sherman said he’s spoken with engineers, as well as with Ed Hoxsie from the Dutchess County Soil and Water Conservation District, and that his investigations found similar results.“From the engineers I’ve talked to, what’s occurring there, from what they can tell, is water is being blocked and could either be from beaver damming or natural snags from trees or shrubs falling down or debris from the stream snagging and impeding the flow of water there,” he said. “It’s particularly high from water events, and the flow rate is much higher for the water to bear and that causes the water to spread along the embankment and onto Mr. Lyman’s property.”“Absolutely, it’s a wet area, no question about it,” Lyman conceded. “Prior to this development I would have water in my backyard when there was a heavy storm, but there’s been nothing to this magnitude. That’s why I was surprised they were able to develop the parcel.”“That is not necessarily the case [that development has caused the flooding],” Sherman said. “It’s really been identified that the property has greater blockage of flow of water along the Webatuck Creek, essentially causing higher water events to occur when heavy rain and snow melt and other factors of that nature occur.”Lyman spoke about his concerns at the various public hearings for the different developments’ site plans, but he said people “just thought I was crazy.” He’s not sure what can be done at the moment, as the approval has already been given for the development to proceed. He said protocol appeared to be followed, but wondered if it was enough.“I think the Planning Board went by the book as far as the applicant having all the paperwork in order, but I think more Planning Board members should have walked the site and seen what was going on rather than taking somebody’s word for it,” he said. “Having hands-on experience is a much better way of understanding what’s going on.”He did acknowledge that Irving Farm has taken positive actions in working with the town to mitigate other issues, like potential odors emanating from the coffee roasting warehouse. The company has volunteered to purchase after-burners for the fumes. Lyman said he will have to “wait and see” if the after-burners work before calling them a success, however.In the meantime, he said he’s hopeful whatever steps can be taken by the developers to plan for and then mitigate future floods will be.

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