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Upset by Intrusions Onto Private Property
To the Editor:
This is a response to many letters sent to this paper by Mr. Russell Cusick. Mr. Cusick's letter about his "curious" visit to Billy's Way is one in a number of intrusions onto private property by Mr. Cusick in the name of saving Philipstowns wetlands. I want to add my story to the collective pool, so that all residents understand what is happening on our properties without our permission.
Recently, I was alerted to an email that was sent by Mr. Cusick to the Philipstown town clerk. There were pictures of a driveway that I am building on my property on East Mountain. I have received both NYS DEC + Philipstown wetlands permits. We have over designed the culverts more for a 1000, than a 100 year storm. Construction stopped when we had a deep freeze, and Mr. Cusick took pictures of a crack in the fill and claimed that my driveway was unsafe. This is what he wrote:
"From a safety perspective, you can see that structurally, the road is already beginning to come divide as you can see by the cracks near the gabion cages and upland culvert. Given the fact that this road has been built on mud, I can't imagine that the road could ever be safe for the current property owners or future property owners. Furthermore I cannot imagine that he road in it's present condition would ever be safe for delivery trucks, utility trucks, oil trucks, or emergency vehicles such as fire trucks."
Furthermore, he claimed that "Gabions were approved to be placed on the road on and near the Culverts, instead, a solid fill has been used". Mr. Cusick complained in separate emails that we have used plastic instead of the geotextile fabric that was in our plans. Unfortunately, Mr. Cusick wouldn't know a geotextile or gabion if they bit him on the ankle. The fabric that Mr. Cusick questioned was geotextile and the gabions were clearly placed directly on the culverts. As far as building our driveway on mud, this is a ridiculous claim.
I was very upset when I saw Mr. Cusick's photos. My wife and I bought our property for its privacy, and to have Mr. Cusick ignore our posted signs of No Trespass was unsettling. I called the NYS police as Mr. Cusick has come on my property before. The trooper explained to me that according to the penal code, if there is no actual physical witness, there cannot be a claim of trespass. Mr. Cusick has also obtained copies of my submitted plans from numerous FOIL requests
Mr. Cusick moved onto East Mountain Road North recently and has upset many neighbors. There have been numerous events like mine in the area. Mr. Cusick makes claims without knowing what he is talking about and the only thing greater than Mr. Cusick's arrogance, is his ignorance. As Mr. Cusick ignores warnings about his activities from the police, I suggest anyone with construction near a wetland to sign their property with No Trespassing signs. If Mr. Cusick is seen trespassing, call the NYS Police, as there are numerous records of his behavior, which must stop, either by Mr. Cusick's own decision, or one made by the police.
Stephen Wallis
Philipstown
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