Stannard Beach Association
Board of Directors meeting August 18, 2012
The meeting, held in the Connell Pavilion, was called to
order at 9:05 a.m. by George Dallas, President.
Lou Brown stated that 2 weeks ago, on Aug 2, someone tore
down the leaders/gutter directed to the right of way. A State trooper was
called to investigate/report, and said there was no other damage, that it was
definitely perpetrated by an adult male as the gutter was ripped off with
notable force, was done to 2 vertical leaders.
What to do about drainage problem at Brown/Lyman right of
way? Was it a problem previously? Can the Browns use gutters to alleviate the
water issue?
The problem may need to be addressed from the center of the
right of way. Who knows if all the water is coming from Lou Brown’s or the
Lyman’s property? The Lymans installed infiltrators when they built.
Dave Caslin; There was no problem with water before Lou
Brown’s construction – families had been playing ball and other games in that
area with no water issues.
Options for removing water from Brown/Lyman right of way include:
1.
dig up right of way and re-grade,
2.
install dry well
3.
send water out through sea wall.
4.
some/all of the above
George Dallas raised the option of installing a dry well
since there is decreased ability for water to percolate so would need to dig it
all out and install proper drainage materials. But was there water sitting
there before the Brown’s construction? Harvey Robbin said there was sheet flow
if the right of way was graded correctly. Now there is a non draining
depression that needs to be filled in so it flows away. However, beach erosion might
occur from channeling water via a pipe out onto the beach, so we need to fix
the right of way topography to dissipate the water. Marty Weber agreed that an
engineered solution is needed, and that it must be at Lou Brown’s expense.
John Abella stated that he had a folder of the building plan
for the Lyman home showing that none of their leaching fields, infiltrators,
etc are in the right of way. The water
from their home/property dumps into their infiltrators buried under ground in
between the house and sea wall. It was suggested that maybe Lou Brown needed to
do that, too, as it is presumed that much of the water is coming from his gutters
spilling into the right of way.
Several board members stated again that this area was not a
problem before Lou Brown built. Many families’ children played ball there and
it was fine.
George Dallas suggested that maybe an engineer should look
at the site for a technical opinion. Who pays for it? This should not bea
Stannard Beach Assn responsibility. Was the
completion of Lou Brown’s construction when the problem started? When Bob O’Leary built his house the town was
concerned and asked George to sign off on it, but that was because it was new
construction on an empty lot.
Lou Brown wanted the board to know he has been talking with
George Dallas about this issue for over a year (18 months) and he has never
shirked his responsibility.
He is devastated by the vandalism.
The board asked George Dallas to send out an email letting
assn. members know we are in the process of figuring out a solution involving
drainage professionals to fix the problem.
Dave Caslin said there is no harbored resentment from the
Lymans, who have gone above and beyond, on their property, to build in
infiltrators to capture and drain away water.
Someone suggested whether downspouts could be connected to a
pipe directing all water from the Brown property away. If there is still
standing water in the right of way after any resolution, then it may be the
Assn’s issue, due to sheet flow of water on 2nd Ave., after repair
of the roads at that end of the street. Lou Brown stated that he could not held
liable for additional remediation once a solution that he paid for was put in
place, and everyone agreed that is why an engineered solution is required. We
need a combination of efforts/protections so everyone is protected.
Someone said that Bill Wrang had said there was water before
Lou Brown built and Lou shouldn’t have to pay to remediate, Assn should. Dennis
Hersh said Lou already agreed to pay for an engineered solution, and Lou Brown
agreed that he would pay.
A motion was made to have the problem repaired and resolved
by June 1, 2013 made by Sandy Seidman, seconded by Merle Katzman. Motion passed, all voted in favor.
Right of way by Marc Madnick; Are there any other problems.
What is an Assn problem and what is a private property owner problem? The Assn
is responsible for 2 rights of way only.
They are Fishman/Sanzo and Lyman/Brown areas.
Drainage: We need to try to make sure that any new
construction must be addressed such that it does not dump water on adjacent
properties. (Editor note: new Westbrook code requires this with some
exceptions)
Security: Are the current hours that security is working the
best for the Assn? Maybe Lou Brown’s
vandalism could have been done by a Stannard Beach Assn member who knew how to
circumvent the hours.
Board members stated that we should have communicated about
this problem earlier and been more judicious in remedying it. No one knew it had been being discussed
previously.
DEP: The DEP (DEEP)
has ruled that the Assn is no longer responsible for the 1992 Agreement, but
also rules that jetty #2 is not authorized, so the folks it effects have the
right to shorten it , and can have
permission to do that. They can leave the uprights in place so that if shortening
the groin/jetty does not work , they can put it back up. The DEP ruling is that this must be done
within a year’s time or the jetty must be removed entirely. The beach court folks can also bring in
outside sand, after a grain analysis is submitted to DEP. This group includes
Nichols, Florio, Black, maybe Tosto via the accessway, and may include Jason
Garner’s old house and Adam Schwartz who
owns the right of way and the sand in front of the accessway.
The Assn has expended $12,000 because of folks at the east
end (creek end) of th beach filing a notice with the DEP regarding sand, so the
Assn came to them with a solution of installing rip-rap and the neighbors there
said no.
DEP decision: Can it be posted to blogspot now that it is
final? Also DEP decision was sent to all board members and all parties
involved. (Did we say yes or no?)
D Caslin thanked George Dallas for all of his efforts on
this issue over several years.
Nominating Committee: meeting today after the board
mtg. Last year’s slate was never
nominated so need to nominate a full slate. (Nominating committee report
attached. )
Sharon Bender requested permission, and was given it by the
Board, to erect tents across her front yard and Mackey Barron’s front yard (#123 and #131 2nd Ave)the
weekend of next August 3rd,
2013, for a family wedding. Mackey Barron has submitted written
permission as well.
Cedar Lane Right of Way appeal: Harvey Robbins advised the board that there
is a settlement agreement dated July 9, 2001, where the plaintiffs listed were
the Stannard Beach Assn. and Rose Madnick, Sydelle Baskind, Carol Robbin and
Patricia Breen, vs Deborah Katz. The
issue was the rights and responsibilities of the Stannard Beach Assn, regarding
the right of way at the base of Cedar Ln. (The papers are attached in separate
email). Harvey Robbins felt he was
unable to exercise the rights laid out in the agreement and so is bringing it
to the board.
John Abella, representing the rules committee, said the
rules committee did look at this and file an opinion. Harvey Robbins can appeal
and is doing so at the rules committee meeting after the board meeting today. H.
Robbins read his proposed resolution to the board .(Attached) Harvey made a
motion to accept the resolution, 2nded by Sandy Seidman. The board said it defers
to the rules committee which is to meet t 10 a.m. fter the board mtg. Motion on the table to agree that the board is responsible for enforcing
the stipulations of the 7.09.01 agreement.
Denis Hersh said it needed to go to the rules committee and follow that
procedure for appeal.
Harvey Robbins wanted the BOD to accept his resolution and
attach it to the mtg minutes, that the board is liable and responsible for
enforcing the court decision. Marty
Weber explained the problem is that the
Assn. cannot enforce the no driving or parking in the right of way rule, unless
someone stands there 24 hours, 7 days a week.
Before the fence was erected, folks were ripping up the lawn, sprinkler
system and septic by driving cars over the area, so Bobby Katz told then Assn
president Lou Brown he was going to put up a fence. Julian Eligator also
refused to stop driving on the right of way when Lou asked him not to drive
there.
So the rules committee denied the claim as it cannot be
enforced. Parking – the rules committee measured the area and the accessway is
more than 14 feet wide so there is no violation.
Motion to accept Harvey Robbin’s resolution to have the
Stannard Beach Assn Board of Directors recognize its responsibilities under the
7.09.2001 agreement went to vote. 11 yes, 5 no, motion passed.
Motion to adjourn 10:10 a.m.
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