A Harrison homeowner claims that town officials are refusing to let him replace a drainage pipe that collapsed during Tropical Storm Ida and instead are insisting on a much larger pipe that will cause flooding downstream.
Stanley Mrose, of 3 Stonewall Circle, asked for an emergency proceeding in a petition filed Nov. 11 in Westchester Supreme Court that was filed against the town and village of Harrison, the engineering department and town engineer Michael Amodeo.
The town’s rejection of Mrose’s proposed fix “should be immediately reversed,” the petition states, “to prevent further imminent harm and restore the water flow for the surrounding area.”
Before houses were built on Stonewall Circle a stream crossed through the area and drained into a pond.
At some point, a culvert and 48-inch pipe were installed in what would become Mrose’s back yard, to drain stormwater to the pond.
In 1996, before the house was built, another culvert was built to divert water under the street and into an open ravine that crossed the yard.
Then, around 1998, a previous homeowner had a 42-inch corrugated metal pipe installed in the ravine and had the gully backfilled.
Mrose, a mathematician who now works as a quantitative researcher for Susquehanna International Group, bought the property for $1.45 million in 2004.
From 1999 to 2021, according to the petition, the drainage system worked well during hurricanes and superstorms Floyd, Katrina, Irene and Sandy, handling daily rainfall up to 6.82 inches.
On Sept. 1, Tropical Storm Ida dumped 6.06 inches of rain on the area. This time, the drainage system failed.
The 42-inch pipe collapsed in two places, where metal had rusted out and the pipe could no longer bear the weight of rain-soaked soil. Rainwater backed up and flooded two basements.
Harrison allowed Mrose to remove the soil and crushed pipe to prevent more flooding and restore the flow of water to the pond, according to the petition and an affidavit by Matthew A. Noviello, an engineer, land surveyor and attorney from Carmel.
The excavation left three large trenches in Mrose’s yard, including one that was 20 feet long, 10 feet wide, 5 feet deep “and growing due to soil erosion.”
When it rains, the petition says, debris fills the trenches and increases the likelihood of blockage and flooding.
The intent of excavating the damaged section, Noviello stated, was to promptly install a new 48-inch pipe and backfill the trenches.
But on Nov. 5, Amodeo rejected the plans, the petition states, and refused to grant a permit to restore the site.
Amodeo insisted that a 72-inch pipe must be installed, the petition states.
But that makes no sense, according to Noviello, because increasing the ability of rainfall to leave the site will increase the likelihood of more flooding downstream.
“The existing … system functioned without issue for at least 25 years,” he said, “and would still be adequate but for the rust developing on the bottom of the corrugated metal piping. There is no valid engineering reason to increase the size of the pre-existing pipe.”
Mrose is asking the court to annul the town’s decision as irrational and an abuse of discretion, approve Noviello’s plan and require Harrison to pay the costs.
Amodeo, Mayor Ron Belmont and town attorney Frank P. Allegretti did not respond to emails asking for their side of the story.
Harrison is represented by Purchase attorney Steven J. Harfenist
Mrose is represented by Elmsford attorney Nicole M. Varisco.
