New development on previously wooded hill, runoff flooding neighbors

6 years ago

last modified: 6 years ago

Hoping this forum can help, since this relates to new construction, design, permitting, etc.

New development on previously wooded hill, runoff flooding downhill neighbors across the street... aka my 300+ year old farm house with a dry stacked stone foundation.

Not helping the situation, the State has repaved and raised the grade of the road between us and the new houses over SIX FEET in recent memory, and it is now literally higher than the stone walls running along side it. Even have photos from the 1800s showing the road used to be LOWER than our yard... With the wonky grading near the street, I wouldn't be surprised if topsoil from here was taken for the road!

When they first cleared the land, there was a swale and sandbags, etc. Now that they're grading it in prep for landscaping, it's just a smooth grade down to the road. The shared driveway for these houses is directly across from ours, and flooding in our yard has worsened significantly, and I cant imagine it will improve any once pavement is laid...

There is an existing storm drain about 50' from the driveways, but it's higher than the road itself, and water literally flows away from it and into our yard.

The driveway and lawn become a hockey rink each winter, due to the road issue, no joke some areas with at least 6" of ice. The asphalt of the driveway has become, needless to say, pitifully cracked potholed and crumbled.

Is this something we have to resolve ourselves (our best idea so far is drainage grate / french drain trench or similar across the entire 100-yard frontage) or is there some way to have the "professionals" who designed the road and/or new development take responsibility for their poor planning and help fix the mess they've made?

Any advice on either solution would be greatly appreciated!

Featured Answer

chispa

6 years ago

I have an old friend that might still be on the zoning/building board there!

Go to the town Planning/Building department and file a complaint. The developer needs to fix this.

There can't be too much land left to develop that isn't labeled as wetlands!

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Comments (12)

User
6 years ago
Why don't you take this up with the township/county who approved the development first. We don't know the laws in your area (and you didn't tell us where you lived). It is best to start with your local officials and follow proper channels if you have complaints and want monetary reimbursement.
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doc5md
6 years ago
In our area, this kind of development would require a huge water management plan from an engineer. I would find out what the water management plan was/is? Are they following it properly? An attorney skilled in these types of issues is probably money well spent.
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User
6 years ago
I'd start with a knowledgeable attorney. Find someone who does work for developers, not just some wills, estates, and tax guy. :) He or she will know what remedies you may have. You can also try starting with the town, but sometimes municipalities may not much care that one Joe Schmoe isn't happy.
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Milly Rey
6 years ago
It REALLY depends on the state. Start by talking to the county.
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PRO
Virgil Carter Fine Art
6 years ago
Yes, get your attorney to talk to the jurisdiction which approved the road and new development, and work out a drainage remediation plan.
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Milly Rey
6 years ago
I would start with contacting the county without a lawyer. Depending on where you are, that could be plenty. I now live in an area that is obsessed with preventing runoff. That is usually enough here. If you live in an area obsessed with drought and not interfering with rivers, then you likely will need a lawyer.
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kamereone
Original Author
6 years ago
Whoops, I'm in Sudbury, MA, Middlesex County.

Thanks for the good ideas so far, I hadn't even considered an attorney!

((Apparently my zone/location isn't showing with my username anymore?? Swear I had fixed that during the Great Houzz Migration....))
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Milly Rey
6 years ago
Massachusetts is probably in the hyper-about-runoff area. Call the county today!
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B Carey
6 years ago
Also try calling the NRD (national resources district).
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athomeoncc
6 years ago
Try the building department. I'm in MA also. We had a problem with a new build next door. There are regulations concerning runoff and drainage from other properties.
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homechef59
6 years ago
Be sure to take lots of pictures under all conditions. Your lawyer and the County will need the ammunition.
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