Town of Ulster eyes pulling plug on drainage project

TOWN OF ULSTER, N.Y. — Town Board members have decided to move toward ending efforts to correct drainage issues that plague Katrine Lane properties after finding they could be dragged into a court case involving a property owner’s complaint against Central Hudson.

Supervisor James Quigley said discussions intended to move forward with establishing a drainage district and start work have been derailed by the inability to get permission for work to be done on the 76 Katrine Road property owned by Art Boice.

“We appropriated $40,000 of (American Rescue Plan Act) money to authorize the engineering and design of the stream improvement,” he said.

“We had the engineers design the project, we ran it past DEC to make sure we had no permit issues and that they technically agreed with it, we went to bid, we awarded the bid,” Quigley said. “We went to go into construction and prior to going to construction, we asked for the appropriate indemnifications to go onto (Boice’s) land to construct the project as designed.”

In November, the Town Board awarded a $159,875 contract to Margaretville contractor Hubbell Inc. to move forward with the project, which would be done after approving a drainage district to have property owners cover costs.

Quigley said discussions with Boice’s attorney led to the conclusion that moving forward would involve the town in a case that would be costly.

“He wants to reserve his options to sue the town,” Quigley said.

Drainage problems from the Central Hudson property date to the purchase of the site by Miron for a lumber yard in 1967. Paving done near the railroad tracks created drainage that flows down an embankment and goes under the CSX property onto Boice’s land as well as others along Katrine Lane.

Nearby residents on Glenerie Boulevard also have said that the flooding they’ve experienced has been made worse by Central Hudson’s clearing of the property immediately north of the former lumber yard. Boice, who was contacted following the Town Board meeting, said that drainage from that site has drastically increased the amount of water coming onto his land.

“I want to put … in probably 60 to 80 feet of corrugated pipe,” he said. “The town doesn’t want to put a pipe in. They want to do a pipeless, erosion-resistant mesh or something and let plants grow through it.”

Boice said the town has slow-walked the project, leading him to believe his attorney’s forecast that it would “put it on the back burner.” He was also opposed to forming a drainage district and considers it a way for the town to make property owners pay to correct problems they did not create.

Quigley said that by forming the district, it would lead to Central Hudson paying for 90% of project costs. He added that the town has a history of successfully moving forward on projects in sequential order, including the Katrine Lane Sewer District covering many of the same properties, and the drainage plans simply need to go through standard state reviews for engineering approvals.

Quigley said the project could still proceed if Boice wants to move forward without the threat of litigation.

“If we got a quick answer that was satisfactory to the town, we could solve the problem,” he said.

Quigley added that if the construction contract is ultimately terminated, any costs would be paid through American Rescue Plan Act funds.

“It would have no financial impact on any taxpayer,” he said.

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