These letters on the blog are unreadable on laptops- I'll type them here, word for word. This first letter was read to me at the 1/4/12 City Council Meeting where I was finally placed on the agenda and sandbagged. City Attorney Bill Kelly spoke for City Council and read me this letter. I was thrown, didn't grasp that he was speaking for them, didn't understand how this 1987 engineers report was never given to me when I asked for the history and development of my property and Seaview Terrace. Even then, the report was corrupt. It reads like you see a bee sting on your hand and wonder how? Yet you refuse to look at the massive bee nest buzzing above your head. Idiots to try and pass this off. I try to question Bill Kelly on how this is even relevant after 25 more years of development. ) He ran out of the meeting and City Council quickly voted to take no further action and closed the agenda. In hindsight the report is actually even more relevant-
*** http://vimeo.com/34563093 1/3/12 City Hall Meeting- Seaview Terrace 1rst on agenda (I also speak publicly ff about 15 minutes in- 3rd person up. Council remains silent and hires City Attorney, Bill Kelly with our tax dollars to try and deflect the forced flooding. KELLY REVEALS YET ANOTHER PUBLIC DOCUMENT OF FLOODING ON SEAVIEW PURPOSELY WITHHELD FROM ME.(Who knows what else they hide? Impossible to know, I have been intimidated and refused information on my property for 10 months and counting. ) A 1987 City hired engineer report that...SURPRISE- does not hold the City accountable for flooding. In fact, even with residents complaints of flooding in 1987, begins the City Planning approvals for Capt Albert Stevens School, Volunteers of America, Tall Pines, MidCoast Mental Health to build, eliminating ground absorption, accumulating storm water in huge dug out pools and channel down to private property, Seaview Terrace. Clobber us further by taking the storm water across Rte 1 from the Armory, National Guard, down to Pray's Homes along the side, back towards the trailer park, meandering and to accumulate more stormwater from who knows how far back and back across Rte 1, culvert forced directly into Seaview Terrace.
Seaview Terrace began flooding in the late 70's ( 10 years after development and with the first developed site a mile above- The Belfast or the Hilltop Birches in 1975?). A neighbor recently told me that they were at a Christmas party 1979-80 in my current home then owned by Dr. Caswell. They were down stairs and it began raining. He said the water came pouring in through the walls- they had to run out of there. Dr. Caswell was the original owner and it took him till 1987 to get the City to investigate and this corrupt City Engineer report made Puzz Caswell (local realtor) run. The house was sold to a banker, then sold to a minister, then sold to me. The corruption stops here. Note how Bill Kelly refers to the ditch as a "stream/flood and drainage swale" and "that there is no question in my mind that the stream/drainage swale was moved....". Note Kelly doesn't refer to any City meetings on Seaview Terrace from 1975 on where residents- Dr. Caswell, Mr. Gerry and Mrs. McDonald file flooding complaints to the City. When did the Huntress Gardens Apartments behind Mr. Gerry's house go up. Probably around the same time he started taking in water. Planning Abuse non stop.
Up until my covert raid on City Hall and uncovering the hidden plans showing that is was not a natural stream City Hall was full rant and chant- 100 year old natural stream. Clearly visible that this is a man made ditch on my private property for my private runoff drainage ONLY. But without documents locked in City Hall, they can lie however and whenever they need to. This letter is true cover up corruption. He reviews "record evidence" but never visits the site or contributing sites. The engineer's report, pure cover up corruption. He is also covering up the City work done for private drainage on 23 Seaview Terrace in 2009. City Manager, Joe Slocum denied that any work was done while residents confirmed heavy City equipment dug out that ditch which is far from the culvert and road. The water in that ditch would never reach the road because of the culvert. However the ditch was not draining into the stream because of overgrowth. 27 Seaview Terrace called public works to say it was a nuisance, stagnant water and bugs. The City came and dug out the ditch.On the opposing side at 26 Seaview Terrace, Bud Hand told me that he made an agreement to maintain this ditch at 23 Seaview Terrace belonging to Karen Caswell to make sure the water would drain from his property to the ditch, to the stream, and to my property. This is against the law. In later letters from Bill Kelly I have no doubt that this is the neighbor who is not in agreement with my findings as Bill campaigns to alienate me from my community. In fact, Bud comes to a meeting (2011), appearing very frail and asking for relief from my protests of flooding. It was choreographed and sad but effective to the public. The next day, as usual, he was up and down the street with his wheel barrow and tools, the handyman fixing neighbors roofs and gutters- up and down on ladders. Amazing for his age or ANY AGE FOR THAT MATTER!
5/1/12 City Council Meeting Video http://vimeo.com/41411785 forward exactly 22:20 (minutes/sec) I speak quickly to avoid "jail" a nice looking police man is standing by, this is not normal. I did not realize he was there for me, and he was visibly shocked when I offered him a friendly, loud hello. My neighbor 2 houses up and across speaks for 7 minutes. He never told me he would be taking my private conversation with him to City Hall- which is fine by me. What he doesn't say is that when I tried to tell him corruption details, including storm water draining that he is doing with City help (since 2009) is illegal and eroding my property- he threw his hands up and walked away. He did not want to see the maps that show all the storm water illegally being forced to Seaview Terrace private property either
_______________________________________________________________________________________________________
William S.Kelly, Esq.
Kristin Collins,Esq
96 High St.
Belfast Me 04915
kellylaw@bluestreakme.com
12/27/2011
Re:Flood Plain Issue/Seaview Terrace
Dear Council Members:
I have had an opportunity to review the record evidence and information available relating to claims of Laurie Allen relative to the stream/drainage swale behind her house. I have reviewed the records from the Public Works Department, Assessor's office, the Code Enforcement office and the Clerk's office. These records have largely consisted of aerial photography, notebook logs, Council meeting minutes relating to Seaview Terrace from 1965 to 1975, copies of a 1987 engineering report (attached hereto), United States Geologic Service floodplain maps, the original subdivision and amended subdivision plans relating to the private development which is now served by Seaview Terrace, as well as e-mails and correspondence which have occurred between Ms. Allen and various City officials. Finally, I have also reviewed the statutory and common law that are applicable. I have also spoken with Bob Richards, Bob Whiteley, Wayne Marshall and Joe Slocum.
I conclude that the City Of Belfast has no right, title, interest or obligation to maintain the stream/flood and drainage swale which burdens Ms. Allen's property.
I am significantly influenced by the fact that in 1987, an engineer was hired by the City as is referenced in the attached document, and he found no evidence of any obligation of the City to maintain the stream/drainage swale in that area at that time. That was 24 years ago. I have to assume that when the matter was freshly being discussed in 1987, they also looked at the historical evidence of the prior 20 years in terms of any control or maintenance over that drainage swale as exercised by the City. I have not found any evidence that the City was ever deeded any form of easement or took control of it.
It is significant that the stream/drainage swale on Ms.Allen's property was part of a significant system that is topographically driven such that water comes from near the Robertson School, flows down and through, by and along the northerly side of Seaview Terrace, then crosses Northport Avenue,then courses through an underground drainage system at the hospital and then through City Park to the Bay. The aerial evidence, including the photograph from 1957, confirms that this natural drainage system has been in existence since at least 1939, clearly demonstrating the existence of the stream well before any approval or development of the Seaview Terrace subdivision.
I will also say that there is no question in my mind that the stream/drainage swale was moved at some point after the subdivision was approved as originally and then amended in 1965/66. This clearly was a matter that benefited the private landowner in terms of moving the stream/drainage swale in a northerly direction and away from the Seaview Terrace road. Using some simple scaling, it appears, based on an aerial photography, that the stream/drainage swale may have been moved approximately 35 or 40 feet in a northerly direction; however, as depicted on present day maps and considering the stream/drainage swale location as depicted on the 1965 topographical subdivision map, it is clear that while the stream/drainage swale has been moved, it has at all times been located within the boundary lines of the lot that Ms. Allen now owns. Again, having seen no evidence whatsoever that the City controlled or developed private real property, and I would not expect it to do so, I come to the conclusion that the diversion or relocation of the stream/drainage swale was done privately. Significant to note, however, is the fact that the diversion of the stream/drainage swale is what provided for the possibility of most of the actual development of the houses that sit on the northerly side of the Seaview Terrace road. Without moving the stream/drainage swale, the houses on the north side of Seaview Terrace subdivision, including Ms. Allen's property, would not have been buildable.
The laws have changed significantly since 1965 and 1966 as to how stream and wetlands are treated and I am under no understanding or belief that there was any law violated when the stream/drainage swale was moved. It is my understanding that there was a site walk with the City Code and Planning Office and a representative from the Maine Department of Environmental Protection, and it was concluded that Ms. Allen qualifies to obtain a $65.00 permit by rule which will allow her to then engage in private mitigation efforts to address any erosion issues on her site.
In policy terms, it would be unlawful for the City to use public funds to improve private property, be that for erosion control or any other reason. That said, the City is obligated to maintain the drainage systems and culverts located within the right of ways, as well as those for which the City has obtained an easement over private property. I find no evidence that any failure to maintain/clean out the culvert which crosses Northport Avenue near the intersection with Seaview Terrace in any way caused the erosion that Ms. Allen has described.
SUMMARY
As was determined 24 years ago, the drainage issues relating to the lots on the northerly side of Seaview Terrace are private matters. There is no credible evidence that the City of Belfast created, installed or has maintained this stream/drainage swale since 1965 when Seaview Terrace was first approved as a subdivision. City officials are legally precluded from improving private property with public money for any purpose, including private drainage. That said, the City should continue to maintain all existing public culverts at all right of way crossing of the particular flood plain, as it has done in the past. The City may elect to install infrastructure addressing carriage of water under City public streets as the City's elected official deem necessary, but the statute placed that decision solely within the discretion of the City Council.
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Below is the 1987 City Consulting Engineer of Belfast A. Neil Finlayson, P.E. findings to Wima Moses, Belfast City Manager. Mr.Gerry is at 18 Seaview Terrace across the street from me (now owned by Charles Beck) Mrs. McDonald is at 11 Seaview Terrace next door to me (now owned by Rose and Frank Costello) and Dr. Caswell is 17 Seaview Terrace (now owned by me, Laurie Allen) A tri-angle.
August 26, 1987
Subject: Seaview Terrace Drainage Problems
Dear Wilma:
The rain water drainage problems which we investigated this morning on Seaview Terrace, are primarily due to the overall topography of the land on which this development was built. In general, the land slopes downward from South to North across Seaview Terrace. In addition, there is a slope form the direction of Route 1 Bypass downwards towards Northport Ave.
The owner complaints, as I recall them, are as follows:
1. Mr.Gerry states that after heavy rains his basement tends to collect water. (The same problem of basement flooding is a regular feature in many other houses in Belfast.)
This problem could be minimized by having Keith Pooler lower the culvert that crosses the road at Mr. Gerry's lot and make sure it is clean inside for maximum water flow from his lot across Seaview Terrace to the boundary between Mrs. McDonald's lot and Dr. Caswell's. In addition, it should be suggested to Mr. Gerry that if he would increase the cross sectional area of his ditch which empties into the City culvert, (now about 6" wide and of equal depth), there would be less tendency for water to collect on his lawn, and thus send its way into his basement.
2. Mrs. McDonald says that rain water drainage, after a heavy rain, can rise to the point where it gets into and damage expensive plantings at the easter side of her house. In part, this may be due to water flooding across the road from Mr. Gerry's house. But there is also water coming down on her side of the road from other lots above hers. Lowering and cleaning the culvert in front of Mr.Gerry's house would tend to minimize flooding over the road, but the overall effect with respect to correcting her problem might well be negligible.
It should be suggested to Mrs. McDonald that if she had a sizeable ditch dug from the end of the culvert on her side of the road and carried it back to the "Brook", it would probably reduce the flooding of her gardens.
3. Dr. Caswell has mentioned that after heavy rains the brook can flood and create problems for all owners whose lots back up to it. He suggests that the City clean it out to reduce this tendency. I have a feeling that this brook is NOTHING MORE THAN A DRAINAGE DITCH PUT IN BY THE DEVELOPER OF THE TRACT.
You could suggest to Dr. Caswell that his brook is private property and that if he, and other owners, feel strongly about the problem, that the hire a contractor to clean out the brook to their specifications.
Summary:
As you mentioned during our visit, the basic cause of the is the topography of the land which the owners bought.
Actions:
Suggest to the owners:
1. Aside from the culvert, which is on a Belfast City street and thus a City responsibility, all other possible corrective actions involve private land and must be carried out by the owners themselves.
2. The flooding problems that exist are inherent in the topography of the land that them bought; it has existed pretty much as it is now, from the outset. The problems are not due to any action by the City and are therefore not a direct City responsibility. However, in accordance with your belief that the City should assist the residents with their problems, I have added my thoughts on the action the might take to minimize these problems.
Very Truly Yours,
A. Neil Finlayson, P.E.
City of Belfast Consulting Engineer
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