Drew Court TOWN OF WAPPINGER
SUPERVISOR TOWN COUNCIL.
CHRISTOPHER J,COLSEY , WILLIAM K BEALE
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
SUPERVISOR'S OFFICE
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
(845)297-2744
FAX:(845)297-4558
September 17, 2008
TO: Councilwoman Maureen McCarthy
Cc: Town Board file
RE: 7 Drew Court—Drainage Easement
Dear Councilwoman McCarthy:
I believe you may have some knowledge of this matter in which the resident of 7 Drew Court
seeks to have the drainage easement located proximate to their home cleaned. As understood
from the Highway Superintendent, Jay Paggi visited the site over a year ago and provided advice
to the Town that the MS4 regulations prohibit the"dredging" of the respective drainage
easement—a practice that regularly occurred until a few years ago.
The resident claims to have had an increase in surface water to her property since the"dredging"
was discontinued a few years ago. Mr. Foster had reviewed the matter.with the resident this past
season, but they were hopeful a different determination would be provided from this office.
In an effort to provide the most current information on this matter, you will note that Walter
Artus inspected the site recently. A copy of his report is attached, which does note prohibitions
to any maintenance of the easement that would disturb the root structure of the present
vegetation.
Thank you,
kE�jL6VLD
Christopher Colsey, Sup rvisor 4' Qo
Town of Wappinger
Given the concerns of Mr. and Mrs. Dangler relative to the potential for
flooding, I inquired if their property flooded during the October 2005 and/or the
April 2007 rainfall events that caused extensive flooding not only within the Town
of Wappinger, but throughout Dutchess County. Mr. and Mrs. Dangler stated that
their property did not flood during these rainfall events.
However, Mr. and Mrs. Dangler have requested that the Town clear the
defined portion of the channel that is currently thickly vegetated to provide more of
a concentrated flow of stormwater runoff as opposed to the existing shallow
concentrated flow of stormwater runoff.
To consider this request, a number of issues must be addressed. First of all,
with the designation of the Town of Wappinger as a regulated Municipal Separate
Storm Sewer System (MS4) by the New York State Department of Environmental
Conservation (NYSDEC) in March 2003, the Town of Wappinger was required to
obtain permit coverage from the NYSDEC, and to prepare, develop and implement a
Stormwater Management Program (SWMP). The Town of Wappinger SWMP was
fully implemented as of the required compliance due date of January 2008. As a
component of the Town of Wappinger SWMP, the Town of Wappinger is required to
address and comply with the conditions of the above noted permit, and to monitor
stormwater quality within its municipal boundary.
As the existing subdivision that contains the drainage Swale was constructed
well before the Phase II Stormwater Regulations that became effective in March
2003, it is very likely the drainage Swale was not initially designed as a water
quality treatment Swale. However, it is now acting as such with the existing
vegetation providing water quality treatment prior to its discharge of stormwater
into the Town storm sewer system. This questions what action the Town may or
may not take in any clearing of vegetation within the Swale and drainage easement.
Based upon my observations of the site conditions and my experience with this type
of issue, my initial opinion was this is a maintenance issue, and under certain
circumstances and conditions the Town may be able to clear vegetation within the
drainage easement.
For clarification purposes, on September 3, 2008 1 contacted the NYSDEC,
Division of Water to discuss this issue and to obtain a determination from the
NYSDEC as to what clearing activities the Town may or may not conduct within
the drainage easement, and under what conditions. Based upon my discussion with
the NYSDEC, I was informed that the Town may clear vegetation within the
drainage easement if clogging or flooding is observed that is impacting adjacent
properties. If this is the case, it is in fact deemed a"maintenance issue".
However, the clearing may only be conducted under certain conditions. The
area must be cleared manually, and all vegetation cleared must also be removed
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